divina Abbas Monasterii beatae Mariae sanctique Botolphi de Thorney subjectionem et fidelitatem omnimodas cum orationibus assiduis et devotis ad comparend ' pro me et nomine meo in Parliamento vestro coram vestra regia celsitudine vicessimo die Mensis Januarij prox ' futur ' post datum presens apud Westm ' favente gratia Spiritûs sancti felicitor inchoand ' Nè personali comparitione in eodem penes vestram regiam celsitudinem quoties opus sucrit excusand ' precipuè pretextu adversae valetudinis nostrae caeterisque ex causis justis veris et probabilibus quod interesse non valemus prout affectamus Qua proptervestrae Regiae humilitèr celsitudini supplicamus quatenus absentiam nostram personalem in hà c parte excusatam gratiose dignetur habere vestrae Clementia Majestatis et ut vestro Mandato in quantum possumus in omnibus pareamus Reverendos in Christo Patres Sancti Albani Sti ' Edmundi de Bury Sti ' benedicti de Ranisy et Sti ' Gutlaci de Coland ' Abbates conjunctim et divisim et corum quemlibet nostros veros et Legitimos procuratores Atturnatosque fideles tenore presentium constituimus et ordinamus promittens me ratum gratum et firmum perpetuo habiturum quicquid praedicti pro me et nomine meo fecerint vel alter fecerit in premissis seu aliquo promissor ' vestrae Regiae celsitudini humilitèr supplico quatenus absentiam meam personalem hac vice ex Regia mansuetudine habere dignemini gratiose excusatam In cujus Rei testimonium Sigillum nostrum Commune present ' est appensum Dat' apud Thorney praedict ' decimo quarto die Mensis Januarij An. Regni Regis Henrici Octavi Quinto Sometimes also the said Sickness or cause of Absence is Testified by Oath as appears in the Original Journal of the Upper House A. 6. H. 8. Feb. die 12. where James Marshal servant to the Lord Scroop made Affidavit of his Lord's detention by Sickness But even Anciently if the Parliament were to be Assembled by reason of some great and extraordinary occasion And that the King declared in his Writ of Summons that he would not admit of any Proxies ista vice then none did presume to send them but upon the King's Licence first obtained as appears ex Rotulo Parliamenti A. 6. Ed. 3. die 27. Januarij A. 22. Ed. 3. die 20. Novemb. A. 6. Ric. 2. die 2. Jan. ct A. 11. Ric. 2. die 20. Martij But of later times since the 38th year of H. 8. the Lords in their very Proxies do express their absence to be by the King or Queen's Licence and oftentimes the Clerk of the Upper House doth insert the Memorial of their return with their expression of their absence by the said Licence And in making of Proxies it hath always been at the free Choice and Election of a Spiritual Lord that sent the said Proxie to constitute some other Spiritual Lord or a Temporal Lord or both and so likewise mutatis mutandis hath the liberty been of a Temporal Lord although there appears but three Presidents thereof during her Majesties Reign of which the first was in A. 5. Regin Eliz. where William Bishop of Exeter constituted for his Proctor Francis Earl of Bedford And the second in A. eodem Regin ejusdem where Thomas Archbishop of York Constituted the Earl of Bedford his joynt Proctor with Richard Bishop of Ely and Rowland Bishop of Bangor And the third and last in A. 28. 29. Regin praedict ' where Hugh Bishop of Bangor did Constitute William Lord Burleigh Lord Treasurer of England his joynt Proctor with John Archbishop of Canterbury but in former time the Presidents of this nature are more frequent For there was so little observation kept in this kind as sometimes the Lords Spiritual and Temporal did Constitute the Judges and Barons of the Exchequer being but attendants on the House for their Proctors and sometimes Strangers as the Abbot of Selby in Edward the third's time Constituted John Goldale a Monk of that house and William R. Clerk his Proctors and these also were sometimes appointed Tryers of Petitions joyntly with the Lords as appears A. 14. Ed. 3. and sometimes Committees with the Lords prout patet ex rotulo Parliam ' de A. 14. Ed. 3. N. 13. 14. 18. These Animadversions being thus premised of Proxies in general now follow some others that concern the Particular Proxies foregoing and the residue that were returned at this Session on Saturday the 4th day of February ensuing and on Wednesday the 8th day and on Saturday the 18th day of March following and on Tuesday the 4th day of April ensuing And therefore in the first place it shall not be amiss to make remembrance that in the Journal of this Parliament I have caused the entry of all Proxies whatsoever as well ordinary as extraordinary to be Transcribed because it is the first Parliament of her Majesty whereas in most of the residue I have only caused those to be inserted into my Journals which were extraordinary and unusual And whereas the word Vacat is added at the beginning of the entrance of the return of the Proxie of Thomas Tresham Prior of St. Johns of Jerusalem in England as also before that of William Lord Euers which are before amongst others set down The reason of the first I cannot possibly Guess because neither the Archbishop of York to whom the said Thomas Tresham had sent his Proxie was himself absent nor the said Prior present nor dead before the return of his said Proxie as may easily be gathered but for the other it is plain that the Lord Clinton whom the Lord Euers did Constitute for his Proctor was absent at the beginning of this Parliament and did himself send his Proxie which is entred at the beginning of the Original Journal Book of the Upper House to have been returned on Saturday the 4th day of February although the word Vacat be prefixed also before the entrance of the return of the same because he afterwards came to the Parliament himself and served in Person in the Upper House the greatest part of the continuance thereof and from these examples may be gathered the true Causes both why and when a Proxie that is returned becometh void either when the Peer or Lord that sends the Proxie dies himself or comes to the House in Person before the end of the Parliament or that the Proctor or Proctors whom he constitutes do die or be otherwise absent and send their Proxies themselves for in this latter case those Proxies are to be repealed by the Lord Chancellor as there is a President for it in the end of the Original Journal Book of the Upper House A. 33. et 34. H. 8. in the case of Nevil Lord Latimer for though the absent Lord or Lords to whom the Proxie is directed do constitute other Proctors yet they cannot execute such Proxies as are
notwithstanding all the disbursements of these her great Charges yet she was as I right well know very hardly brought to and perswaded to call this Parliament in which she should be driven to require any aid or by any means to charge her Subjects if by any other means it might have been holpen and so her Majesty her self Commanded to be declared And I for my part and so do others very well know for the Commons little think or consider what a trouble want is to her whereby she is forced to ask of them which surely is against her nature but that she is thereunto forced for the surety of this Realm And for that the nether House cannot being so many together but of necessity must have one to be a Mouth Aider or Instructer unto them for the opening of matters which is called the Speaker Therefore go and Assemble your selves together and Elect one a discreet wise and learned Man to be your Speaker and on Friday next the Queens Majesty appointeth to repair hither again for to receive the Presentment of him accordingly The manner of her Majesties coming to the Upper House with the Lord Keepers Speech being supplied out of that written Copy or Anonymous Memorial I had by me as aforesaid now follow the Names of the Receivers and Tryors of Petitions out of the Original Journal-Book it self of the Upper House Then the Clerk of the Parliament read in French the Names of such as should receive hear and try the Petitions for England France Scotland Ireland Gascoigne and Guyen c. which were as followeth Receivers of Petitions for England Ireland Wales and Scotland viz. Sir Robert Catlin Chief Justice of the Kings Bench Sir William Cordall Master of the Rolls Sir Anthony Browne Knight Sir Richard Read Knight and Doctor Huicke And such as will prefer any Petitions are to deliver them in six days next ensuing Receivers of Petitions for Gascoigne and other parts beyond the Seas and the Isles viz. Sir James Dyer Knight Chief Justice of the Common-Pleas Sir Edward Saunders Knight Chief Baron Justice Weston M r John Vaughan and Doctor Yale And such as will prefer any Petitions are to deliver the same within six days next ensuing Triors of Petitions for England Ireland Wales and Scotland viz. The Archbishop of Canterbury Lord Marquess of Winchester Treasurer of England the Duke of Norfolk Earl Marshal of England the Earl of Arundel the Earl of Rutland the Earl of Bedford the Earl of Pembroke the Bishop of London the Bishop of Durham the Bishop of Salisbury the Lord Clinton Admiral of England the Lord Rich all these together or four of the Prelates and Lords calling to them the Keeper of the Great Seal and the Treasurer and the Queens Serjeant when need shall require shall hold their places in the Chamberlains Chamber Triors of Petitions for Gascoigne and other Countries and parts beyond the Sea viz. The Archbishop of York the Marquess of Northampton the Earl of Shrewsbury the Earl of Huntingdon the Bishop of Winchester the Bishop of Worcester the Bishop of Oxon the Lord Howard the Lord Chamberlain the Lord Abergaveny the Lord Wentworth the Lord Willoughby and the Lord North all they together or four of the Prelates and Lords aforesaid calling to them the Queens Serjeant Attorney and Sollicitor when need shall require shall hold their place in the Treasurers Chamber These Names of the Receivers and Tryors of Petitions foregoing being thus transcribed out of the Original Journal-Book of the Upper House there should follow out of the same the Adjournment or Continuance of the Parliament by the Queens Majesty or the Lord Keeper by her Commandment but the same being wholly omitted through the negligence of Francis Spilman Clerk of the same it is in part supplied out of that before-mentioned memorial Copy of this present days passages following Then the Lord Keeper Adjourned the Parliament till Friday next and then the Queen returned to her Chamber and shifted her and so did all the Lords and then waited on her to the Water side where she took her Boat and departed to Whiteball from whence she came and they till Friday at their pleasures upon which ensuing Friday her Majesty came again to the Upper House but the manner and form thereof being wholly omitted in the Original Journal-Book of the Upper House and only found in the foresaid Anonymous Memorials I had by me is therefore inserted out of the same in manner and form following On Friday the 15 th day of Jan. 1562. the Queens Majesty at her Privy-Stairs took Boat and went by Water to the Parliament-House about two of the Clock the Lords and Heralds waiting on her to the Landing place on the back side of the Parliament and so brought her to her Privy-Chamber where she shifted her and put on her Robes and the Lords theirs as the first day and then she repaired to her Seat and the Lords to theirs with their Serjeants and Gentlemen-Ushers before her the Lord Marquess of Northampton bearing the Cap of Estate the Duke of Norsolk the Rod of the Marshalsie and the Earl of Northumberland the Sword the Lord Robert Dudley Master of the Horse and the Baron of Hunsdon sustained her Mantle from her Arms And her Train was born by the Lord Chamberlain Vice-Chamberlain and M r Ashley Master of the Jewel-House and the Lord Keeper standing at the back of the Rail on the right and the Lord Treasurer on the left And because this is the first Session of the Second Parliament of her Majesty I thought it worth the labour to cause the presence of her Majesty and the Lords spiritual and Temporal to be inserted directly according unto the Copy thereof in the Original Journal-Book of the Upper-House Die Veneris 15 to Januar. Domini tam Spirituales quam Temporales quorum nomina subsequuntur praesentes fuerunt Pr. Regina Pr. Archiepiscopus Cantuar. Pr. Archiepiscopus Eboracen Pr. Episcopus London Pr. Episcopus Dunelmen Pr. Episcopus Winton Pr. Episcopus Cicestren Episcopus Landaph Pr. Episcopus Hereford Pr. Episcopus Elien Pr. Episcopus Wigorn. Pr. Episcopus Bangoren Pr. Episcopus Lincoln Pr. Episcopus Sarum Pr. Episcopus Meneven Pr. Episcopus Rofsen Pr. Episcopus Bathon Wellen. Pr. Episcopus Coven Lichfeild Pr. Episcopus Exon. Pr. Episcopus Norwicen Pr. Episcopus Petriburgen Episcopus Carliolen Pr. Episcopus Cestren Pr. Episcopus Assaven Pr. Episcopus Gloucestren Nota That this is the very express manner and form by which the presence of her Majesty the Lord Keeper and the Lords Spiritual and Temporal is set down and marked out upon this present Friday being the first day of this her Highnesses Second Session of her Parliament and at the beginning of every Lords name that was present are the Letters Pr. prefixed by which it appeareth and may certainly be concluded that all they before whose names those Letters are not set down and entred were then absent which hath been the constant course
Chief Justice of the Common-Pleas Sir Edward Saunders Knight Lord Chief Baron Richard Weston one of the Justices of Welsh one of the Justices of D r Lewis D r Yale and D r Vaughan Triers of Petitions for England Ireland Wales and Scotland The Archbishop of Canterbury the Earl of Arundel the Earl of Sussex the Earl of Huntington the Earl of Bedford the Bishop of London the Bishop of Durham the Bishop of Salisbury the Lord Clinton the Lord Admiral of England the Lord Cobham the Lord Wentworth and the Lord North. Triers of Petitions for Gascoigne and for other parts beyond the Seas and the Isles The Archbishop of York the Marquess of Northampton the Earl of Shrewsbury the Earl of Leicester the Bishop of Winchester the Bishop of Worcester the Bishop of Lincoln the Lord Howard of Esfingham Chamberlain of the Queen the Lord Windsor the Lord Hastings of Loughborough and the Lord Carie of Hùnsdon Hodiè retornatum breve quo Edwardus Comes Oxon. praesenti huic Parliamento summonitus fuit qui admissus fuit ad suum in sedendo praeheminentiae locum salvo cuique jure suo The like Writs returned for Henry Earl of Pembroke and William Lord Sands Hodiè retornatum fuit breve quo Richardus Episcopus Carliolen praesenti buic Parliamento summonebatur qui admissus fuit ad suum in sedendo praeheminentiae locum salvo jure alieno On Wednesday the 4 th day of April in the Afternoon but at or about what hour appeareth not although it may probably be guessed that it was about three of the Clock her Majesty with divers Lords Spiritual and Temporal Assembled in the Upper House whose names are marked to have been present this day in the Original Journal-Book of the Upper House being as followeth Regina Archiepiscopus Cantuarien Episcopus London Episcopus Dunelmen Episcopus Winton Episcopus Hereforden Episcopus Wigorn. Episcopus Lincolnien Episcopus Sarisburien Episcopus Meneven Episcopus Roffen Episcopus Norwicen Episcopus Carliolen Episcopus Cestren Episcopus Assaven Episcopus Glocestren Episcopus Bangoren Episcopus Landaven Nicolaus Bacon Miles Dominus Custos Magni Sigilli Marchio Northampton Comes Arundell Comes Oxon. Comes Wigorn. Comes Sussex Comes Southampton Comes Bedford Comes Pembroke Comes Leicester Vice-Comes Hereford Vice-Comes Mountague Which are all the Lords Spiritual and Temporal sitting on the two Upper Forms noted to be present this day Nota That the Spiritual Lords are always thus placed in the Original Journal-Book of the Upper House on the dexter side not in respect of their precedency but as it should seem because the Archbishop of Canterbury the chief of them is the first Peer of England and so the residue of the Clergy are placed next after him in respect of their Ecclesiastical Dignities The next that follow are the Barons who are placed in the said Journal-Book in respect of their several places and precedencies as followeth Barones Dominus Clinton Admirallus Angliae Dominus Howard Camerarius Dominus Burgavenny Dominus Strainge Dominus Dacres de Souch Dominus Cobham Dominus Stafford Dominus Gray de Wilton Dominus Dudley Dominus Lumley Dominus Darcie Dominus Mountegle Dominus Vauxes Dominus Windesor Dominus Wentworth Dominus Burgh Dominus Crumwell Dominus Evers Dominus Wharton Dominus Rich. Dominus Willoughby Dominus Paget Dominus Darcie de Chich. Dominus North. Dominus Shandois Dominus Haistings de Loughborough Dominus Hunsdon Dominus S t John de Bletsoe Dominus Buckhurst Dominus De la Ware Her Majesty and the Lords being thus set the Knights Citizens and Burgesses of the House of Commons had notice thereof and thereupon repaired to the Upper House with Christopher Wray Serjeant at Law their lately Elected Speaker whose presentation to her Majesty and allowance by her being not mentioned in the Original Journal-Book of the said House are therefore wholly transcribed out of that before-cited Anonymous Journal more particularly mentioned at the beginning of this present Journal the same also in effect being contained in the Original Journal-Book of the House of Commons fol. 10. a. The said Speaker being led up to the Rail or Bar at the lower end of the Upper House by two of the most Honourable Personages of the House of Commons did there after three Reverences made humbly beseech her Majesty according to the usual course that albeit he could not obtain of the Commons who had Elected him to be their Speaker for such causes as he had alledged to be disbunthened of that place that so some other more fit and able might be chosen that yet her Highness would vouchsafe to have consideration of the greatness of the Service and therefore to require them eftsoons to return to the House and to make a new Choice To which his Petition the Lord Keeper by her Majesties Commandment Answered and said That as well for that her Highness had understood of him as for that the Commons had chosen him his Request could not be granted Whereupon the said Speaker being allowed he desired to be heard to say somewhat concerning the orderly Government of a Common-Weal which to be duly done he said there were three things requisite Religion Authority and Laws By Religion he said we do not only know God aright but also how to Obey the King or Queen whom God shall assign to Reign over us and that not in Temporal Causes but in Spiritual or Ecclesiastical in which wholly her Majesties Power is absolute And leaving all proofs of Divinity to the Bishops and Fathers as he said he would he prov'd the same by the practice of Princes within this Realm and first made remembrance of Lucius the first Christian King who having written to Elut herius the Pope 1300. Years past for the Roman Laws he was Answered that he had the Holy Scriptures out of the which he might draw to himself and for his Subjects Laws by his own good discretion for that he was the Vicar of Christ over the People of Brittain The Conqueror he said in the Erection of Battell-Abby granted that the Church should be free from all Episcopal Jurisdiction Henry the Third gave to Ranulph Bishop of London the Archbishoprick of Canterbury by these words Rex c. Sciatis quod dedimus Dilect nostro Ranulpho Archiepiscop Cantuarien quem instituimus Anulo Baculo The Ring he said was the sign of perfection The Staff the sign of Pastoral Rule which he could not do if these Kings had not had and used the Ecclesiastical Powers In the Reports of the Law we find that an Excommunication of a certain person came from the Pope under his Leaden Bull and was shewed in abatement of an Action brought at the Common Law which besides that it was of no force the King and Judges were of Mind that he who brought it had deserved Death so to presume on any Foreign Authority which Authority being now by Gods Grace and her Highness means abolished and the freedom of Consciences and the truth
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 Lords 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 Lords Commissioners had taken their places on the right side of the Chair of State the Lord Chancellor shewed forth the Queens Majesties 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 quà m Communes Reginae adventum expectarent Thomas Bromley Miles Dominus Cancellarius exponit omnibus Regiam Majestatem maximis urgentissimis causis adeò esse impeditam ut non queat impraesentiarum commodè 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 publicè 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 quòd 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 verò propter certas causas ad Parliamentum praedictum non potuerimus interesse nos de circumspectione sideliate industria Reverendissimi in Christo Patris Johannis 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 negotiáque 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 Dante 's ulteriùs de assensu ejusdem Concilii nostri tam universis singulis Archiepiscopis Episcopis Comitibus Vicecomitibus Baronibus Militibus quà m omnibus aliis quorum interest ad Parliamentum nostrum praedictum conventur similit tenore praesentium firmiter in Mandatis Quòd 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 Lords 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 Lords 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 humane Policy preserved her Majesty the destruction of whose Sacred Person was most traiterously compassed and imagined Here he shewed 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 some one amongst you to be your Speaker and to present him unto the Lords Lieutenants as soon as conveniently you may Assoon as the Lord Chancellor had ended his Speech the Clerk of the Parliament stood up and read the Names of the Receivors and Tryors of Petitions in French which were as followeth Receivors 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. Receivors 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
Prorogand Ita quod nec vos nec aliquis vestruin ad dictum duodecimum diem Novembris apud Civitatem praedictam comparere teneamini seu arctemini volumus enim vos quemlibet vestrum erga nos penitus exonerari Mandantes tenore praesentium firmiter injungendo praecipientes vobis cuilibet vestrum omnibus aliis quibus in hac parte intererit quòd ad dictum quartum diem Februarii apud praedictam Civitatem Westmonasterii personaliter compareatis intersitis quilibet vestrum compareat intersit ad tractand faciend agend concludend super hiis quae in dicto Parliamento nostro de communi Concilio dicti regni nostri favente Domino contigerint ordinari In cujus rei testimonium has Literas nostras fieri fecimus Patentes Teste meipsa apud Westmonasterium 15. die Octobris Anno Regni nostri 30. Per ipsam Reginam Ha. Gerrard On Tuesday the 4 th day of February in the 31. year of her Majesties Reign to which day the Parliament had been last Prorogued upon Tuesday the 12 th day of November foregoing and accordingly now held The Queens Majesty was personally present accompanied by the Lord Chancellor and divers of the Lords both Spiritual and Temporal but the Original Journal-Book of the Upper House doth not at all mention the presence of any Lords which happened through the great negligence of M r Anthony Mason at this time Clerk thereof yet it may be collected February 8. The Queen being set under her Cloth of State and the Lords placed in their Parliamentary Robes according to their several ranks and orders the Knights Citizens Barons and Burgesses of the House of Commons had notice thereof and thereupon repaired to the said Upper House and as many of them as conveniently could being let in stood before the Rail or Bar at the nether end thereof Then Sir Christoper Hatton Knight Lord Chancellor of England in a Speech which he used did at large declare the Queens gracious disposition to peace and her great wisdom in preserving the same and singular government of the Realm Next he shewed the great benefit which this Kingdom enjoyed by her government and remembred her great Conquest over the Spanish late wonderful Army or Fleet on the Seas videlicet in Anno 30 Reign Eliz. Anno Domini 1588. He further declared how much the King of Spain remained bent against this Kingdom And lastly shewed the Cause of calling this Parliament to be that by the consent of the most grave and wise Persons now called together out of all parts of the Realm preparation may as far forth by the Counsel of man as is possible be made and provided that Arms Souldiers and Money may be in readiness and an Army prepared and furnished against all Events The Lord Chancellors Speech being ended the Clerk of the Parliament read the names of the Receivors and Triors of Petitions in French according to the usual form which were these Receivors of Petitions for England Ireland Wales and Scotland Sir Christopher Wray Chief Justice Sir Gilbert Gerrard Knight Master of the Rolls Sir Robert Shute one of the Justices of Kings Bench D r Aubrey and D r Ford. Receivors of Petitions for Gascoigne and other Countries beyond the Seas and the Isles Sir Edmond Anderson Chief Justice of the Common Pleas Sir Roger Manwood Chief Baron Francis Windham one of the Justices of the Common Pleas D r Clerk and D r Cary. Tryors of Petitions for England Ireland Wales and Scotland The Archbishop of Canterbury the Earl of Darby the Earl of Worcester the Earl of Sussex the Bishop of London the Bishop of Winchester the Lord Howard of Effingham Lord Admiral Lord Cobham the Lord Grey of Wilton Tryors of Petitions for Gascoigne and for other Countries beyond the Seas and the Islands The Earl of Oxford great Chamberlain of England the Earl of Warwick the Earl of Pembrook the Bishop of Salisbury the Bishop of Lincoln the Bishop of Rochester the Lord Hunsdon Lord 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 the Queens Attorney and Sollicitor should hold their place when their leisure did serve them to meet in the Treasurers Chamber Then the Queen continued the Parliament unto a day to come which is entred in the Original Journal-Book of the Upper House in manner and form following viz. Ipsa Regina continuavit praesens Parliamentum usque in diem Jovis prox ' hora secunda post Meridiem On Wednesday the 5 th day of this instant February although the Upper House sate not yet was one extraordinary Proxy returned or brought in unto the Clerk of the said House as there had formerly been another of a like nature returned on Monday the third day of the said Month foregoing which because it was returned before the Parliament it self began and is entred together with that before mentioned in the beginning of the Original Journal-Book of the said House it shall not be much amiss to set them down both together in this place in such manner and form as they are entred in the said Journal-Book viz. Vacat 3. die Februarii introductae sunt Literae procuratoriae Willielmi Assaphen ' Episcopi in quibus Procuratores suos constituit Johannem Archiepiscopum Cantuar ' Johannem Episcopum Roffen Hugonem Episcopum Bangoren ' Nota That though the word vacat be here placed in the Original Journal-Book of the Upper House in the Margent of this Proxy in such manner and sort as this is transcribed yet there doth not appear any reason thereof for as it may be collected by the presence of the Lords set down on Saturday the 8 th day of this instant February following neither the said Bishop of S t Asaph was present himself after the said Proxy sent nor all nor any of his Proctors absent nor himself dead which are only causes of a Vacat 5 to Die Februarii introductae sunt Literae procuratoriae Johannis Carliolen ' Episcopi in quibus Procuratorem suum constitiuit Johannem Archiepiscopum Cantuarien ' Nota That these Two Proxies are therefore called unusual and extraordinary because these two Bishops did constitute the first of them three Proctors and the last of them but one whereas for the most part the Spiritual Lords do nominate two and the Temporal Lords but one which may be collected in part out of the very Returns of this Parliament for of five Spiritual Lords that sent their Proxies three constituted two
Her Majesty thinketh this to be for that the wealthier sort of men turn this charge upon the weaker and upon those of worst ability for that one dischargeth himself and the other is not able to satisfie what he is charged withal These things would be reformed by such as are Commissioners in this present service Her Majesty further hath willed me to signify unto you that the calling of this Parliament now is not for the making of any more new Laws and Statutes for there are already a sufficient number both of Ecclesiastical and Temporal and so many there be that rather than to burthen the Subject with more to their grievance it were fitting an Abridgment were made of those there are already Wherefore it is her Majesties Pleasure that the time be not spent therein But the principal Cause of this Parliament is that her Majesty might consult with her Subjects for the better withstanding of those intended Invasions which are now greater than were ever heretofore heard of And whereas heretofore it hath been used that many have delighted themselves in long Orations full of verbosity and of vain ostentations more than in speaking things of substance The time that is precious would not be thus spent The Sessions cannot be long by reason the Spring time 't is fit that Gentlemen should repair to their Countries the Justices of Assize also to go their Circuits So the good hours should not be lost in idle Speeches but the little time we have should be bestowed wholly on such businesses as are needful to be considered of And so willed them to Elect a Speaker As soon as the Lord Keepers Speech was ended the Clerk of the Parliament read the names of the Receivors and Triors of Petitions in French according to the ancient use and form which were as followeth viz. Receivors of Petitions for England Ireland Wales and Scotland Sir John Popham Lord Chief Justice of the Kings-Bench John Clynch one of the Justices of the Kings-Bench Francis Gawdy another of the Justices of the said Bench Doctor Awberry and Doctor Ford. They which will deliver Petitions are to deliver the same within six days next ensuing Receivors of Petitions for Gascoign and other parts beyond the Seas and the Isles Sir Edmond Anderson Lord Chief Justice of the Common-Pleas Sir William Perrian Lord Chief Baron and Thomas Walmsley one of the Justices of the Common-Pleas Doctor Cary and Doctor Stanhop And they which will deliver Petitions are to deliver the same within six days next ensuing Tryors of Petitions for England Ireland Wales and Scotland the Archbishop of Canterbury the Marquess of Winchester the Earl of Darby Lord Steward of the Queens Houshold the Earl of Sussex the Earl of Pembroke the Earl of Essex the Bishop of London the Bishop of Durham the Lord Howard of Effingham Earl Marshal and Lord Admiral of England the Lord Cobham the Lord Grey of Wilton All these or any four of them calling to them the Lord Keeper of the Great Seal of England and the Treasurer and the Queens Serjeants when need shall require shall hold their places in the Chamberlains Chamber Tryors of Petitions for Gascoign and other parts beyond the Seas and the Isles the Earl of Oxford Great Chamberlain of England the Earl of Shrewsbury the Earl of Huntington the Bishop of Rochester the Bishop of Lincoln the Lord Hunsdon Lord Chamberlain to the Queen the Lord Lumley and the Lord Buckhurst These or any four of them calling unto them the Queens Serjeants when need shall require shall hold their places in the Treasurers Chamber Nota That all that which is set down touching the coming up of those of the House of Commons into the Higher House and the Lord Keepers Speech being before placed after the names of such Lords Spiritual and Temporal as were this day present is not found in the Original Journal-Book of the Upper House but is here inserted partly out of the Original Journal-Book of the House of Commons and partly out of another very exact Journal of that House which was in my Custody being very diligently observed and set down by some Anonymus who was a Member of the said House during this Parliament And I have always thought it most fitting in all these several Journals ever to refer the aforesaid Speeches the Presentments of the Speakers and such other Passages as are wholly handled and agitated in the Upper House to be set down as largely as by any good Authority they may in the Journal of the same to which they do most truly and properly belong and only for Orders sake to give a short touch or remembrance of them in the Journal of the House of Commons Finally at the Conclusion of this days business the Continuance of the Parliament is Entred in the Original Journal-Book of the Upper House in manner and form following viz. Dominus Custos magni Sigilli ex Mandato Dominae Reginae continuavit praesens Parliamentum usque in diem Jovis prox ' futurum On Thursday the 22 th day of February to which day the Parliament had been last continued the Queens Majesty her self came about three of the Clock in the Afternoon accompanied by the Archbishop of Canterbury Sir John Puckering Knight Lord Keeper of the Great Seal William Lord Burleigh Lord Treasurer of England the Marquess of Winchester and divers others of the Lords Spiritual and Temporal being for the most part the very same that are by name set down to have been present on Monday foregoing the first day of this Parliament The Queen and the Lords being thus set the House of Commons had notice thereof who immediately thereupon came up with Edward Cooke Esquire the Queens Sollicitor into the Upper House whom they had Chosen for their Speaker or Prolocutor Which said Speaker being led up to the Bar at the nether end of the said House between two of the most Eminent Personages of the House of Commons who as soon as silence was made and the rest of the said House as many as could conveniently get in had placed themselves in the space below the said Bar spake as followeth YOur Majesties most loving Subjects the Knights Citizens and Burgesses of the House of Commons have nominated me your Graces poor Servant and Subject to be their Speaker This their nomination hath hitherto proceeded that they present me to speak before your Majesty Yet this their nomination is only as yet a Nomination and no Election until your Majesty giveth Allowance and Approbation For as in the Heavens a Star is but opacum Corpus until it have received light from the Sun so stand I Corpus opacum a Mute Body until your Highness bright shining Wisdom hath looked upon me and allowed me How great a Charge this is to be the Mouth of such a Body as your whole Commons represent to utter what is spoken Grandia Regni My small Experience being a poor Professor of the Law can tell But how unable I
ensuing The Session of Parliament held in the 18 th year of Queen Elizabeth began on Wednesday the 18 th day of February Anno Domini 1575. and was Prorogued on Thursday the 15 th day of March ensuing The Session of Parliament held in the 23. year of Queen Elizabeth began on Monday the 16 th day of January Anno Domini 1580. and was Dissolved on Friday the 19 th day of April Anno Domini 1583. The Parliament held in the 27 th year of Queen Elizabeth began on Monday the 23. day of November Anno Domini 1584. and was Dissolved on Wednesday the 14 th day of September An. Domini 1586. Anno 28 Regin ejusdem The Parliament held in the 28 th and 29 th years of Queen Elizabeth began on Saturday the 29 th day of October Anno Domini 1586. and was Dissolved on Thursday the 23. of March Anno 29 Regin ejusdem The Parliament held in the 31. year of Queen Elizabeth began on Tuesday the 4 th day of February Anno Domini 1588. and was Dissolved on Saturday the 29 th day of March Anno Domini 1589. The Parliament held in the 35 th year of Queen Elizabeth began on Monday the 19 th day of November Anno Domini 1592. and was Dissolved on Tuesday the 10 th day of April Anno Domini 1593. The Parliament held in the 39. and 40. years of Queen Elizabeth began on Monday the 24. day of October Anno Domini 1597. and was Dissolved on Thursday the 9 th day of February An. 40 Regin ejusdem The Parliament held in the 43. and 44 th years of Queen Elizabeth began on Tuesday the 27 th day of October Anno Domini 1601. and was Dissolved on Saturday the 19 th day of December ensuing Anno 44. Regin ejusdem The Names of the Lord Keeper Lord Chancellor or others who supplied their places as Speakers of the House of Lords during all the Reign of Queen ELIZABETH as also all the Names of all the Clerks of the said House of Parliament together with the Names of the several Speakers of the House of Commons and Clerks of the same House during all the Parliaments of the said Queens Reign The several Years of her Majesties Reign in which the said Parliaments or Sessions of Parliament were held The Names of the Lord Keeper Lord Chancellor c. and of the Clerks of the House of Lords The Names of the Speakers of the House of Commons and of the Clerks of the same House IN the Parliament held in the first Year of Queen Elizabeth Sir Nicholas Bacon Knight Lord Keeper of the Great Seal of England whose place was supplied Mar. 4. by the Marquess of Winchester Lord Treasurer of England Sir Thomas Gargrave Knight Speaker  Francis Spilman Esquire Clerk of the Upper House ..... Seimour Gent. Clerk of the House of Commons In the Session of Parliament held in the fifth Year of Queen Elizabeth The same Lord Keeper Thomas Williams Esq Speaker The same Clerk The same Clerk In the Session of Parliament held in the ninth Year of Queen Elizabeth The same Lord Keeper and his place supplied for divers dayes during his being sick of the Gout First by the Marquess of Winchester Lord Treasurer of England after by Sir Robert Catlin Knight Lord Chief Justice of the Kings Bench. Richard Onslow Esq the Queens Sollicitor  The same Clerk who either died or surrendred his place before the next Parl. began in An. 13 Reg. Eliz. The same Clerk In the Parliament held in the thirteenth Year of Queen Elizabeth The same Lord Keeper and his place supplied for divers dayes during his sickness by Sir Robert Catlin K t Lord Ch. Justice of the Kings Bench. Christopher Wray Serjeant at Law Speaker  Anthony Mason aliàs Wilkes succeeded Francis Spilman in the place of the Clerk of the House of Lords Fulk Onslow Gent. Clerk of the House of Commons In the Session of Parliament held in the fourteenth Year of Queen Elizabeth The same Lord Keeper and his place supplied in his absence for divers days by Sir Robert Catlin K t Lord Chief Justice of the Kings Bench. Robert Bell Esq Speaker  The same Clerk The same Clerk In the Session of Parliament held in the eighteenth Year of Queen Elizabeth The same Lord Keeper and his place supplied for divers dayes in his absence by the Lord Burleigh Lord Treasurer of England The same Speaker  The same Clerk The same Clerk In the Session of Parliament held in the twenty third Year of Queen Elizabeth Sir Thomas Bromley Knight Lord Chancellor John Popham Esq the Queens Sollicitor Speaker  The same Clerk The same Clerk In the Parliament held in the twenty seventh Year of Qucen Elizabeth The same Lord Chancellor John Puckering Serjeant at Law Speaker  The same Clerk The same Clerk In the Parliament held in the twenty eighth and twenty ninth Years of Queen Elizabeth The same Lord Chancellor and his place supplied for divers dayes during his sickness by Sir Edmund Anderson Knight Lord Chief Justice of the Common Pleas. John Puckering Serjeant at Law Speaker again  The same Clerk The same Clerk from Oct. 29. to Dec. 2. 1589. And the same Clerks Kinsman W. Onslow Gent. from Febr. 15. to March 23. ensuing In the Parliament held in the thirty first Year of Queen Elizabeth Sir Christopher Hatton Knight Lord Chancellor George Snagg Serjeant at Law Speaker  The same Clerk The same Clerk In the Parliament held in the thirty fifth Year of Queen Elizabeth Sir John Puckering Knight Lord Keeper of the Great Seal of England Edward Coke Esq the Queens Sollicitor Speaker  The same Clerk The same Clerk In the Parliament held in the thirty ninth and fortieth Years of Queen Elizabeth Sir Thomas Egerton Knight Lord Keeper of the Great Seal of England Christopher Yelverton Serjeant at Law Speaker  Thomas Smith Esq succeeded Clerk of the Upper House to Anthony Mason alids Wilkes The same Clerk In the Parliament held in the 43 44 Years of Queen Elizabeth The same Lord Keeper J. Croke Esq Recorder of London The same Clerk The same Clerk THE JOURNAL OF THE House of LORDS A o 1 o Regin Eliz. A. D. 1558 1559. The Journal of the Proceedings of the House of Lords in the Parliament holden at Westminster A o 1 o Regin Eliz. Anno Dom. 1558. beginning there after one Prorogation of the same on Wednesday the 25 th of January and then and there continued until the Dissolution thereof on Monday the 8 th day of May Anno Dom. 1559. QUeen Mary Deceased on Thursday the 17 th day of November in the year of our Lord 1558. and the Parliament then Assembled in the 6th and last year of her Reign thereby immediately Dissolving the thrice Excellent and Prudent Princess Queen Elizabeth according to her right and Hereditary Title without any opposition or difficulty King Philip being then very happily absent beyond the
Presence of her Majesty the Lord Keeper and the Lords Spiritual and Temporal is not at all marked in the Original Journal Book of the Upper House although this entrance following of the said day be there thus Recorded viz. Die Mercurij 25. die Januarij proceres tain Spirituales quam Temporales quorum nomina subsequuntur presentes fuerunt But before this Title there is nothing specified touching the presence of her Majesty or of any of the Lords for the Letters which should be set at the beginning of the names of such Peers as this day attended her Majesty in the Upper House are not at all prefixed to any of them which doubtless happened through the great negligence of Francis Spilman Esq at this time Clerk of the Upper House Yet most certain it is that her Majesty Sir Nicholas Bacon the Lord Keeper the Duke of Norfolk and divers other Peers were present but the direct manner of the ranking of them in respect of the negligent omission of setting the Pr. as aforesaid at the beginning of every Lords name that was present could not be orderly and and directly entred in his place although this was the first day of this first Parliament of her Majesty nor on Saturday the 28th day of this instant January being the second day of the same because by like negligence of Francis Spilman Esq at this time Clerk of the Upper House there is no presence of any Lords there set down in the Original Journal Book of the same House nor any mention of the Speakers presentment by the Knights Citizens and Burgesses of the House of Commons and therefore of necessity it could not be supplied until the third day of this foresaid first Parliament of her Majesty being Monday the 30th day of this instant January on which day the names of all the Lords Spiritual and Temporal being entred the Letters Pr. are prefixed before the name of the Lord Keeper and of such Peers as were then present as see at large on the said Monday next ensuing and therefore that President there so expresly Transcribed may serve as a Pattern for all the residue that follow in all the Journals of the Upper House during her Majesties Reign in which there are no other names inserted but of such Lords as were marked to be present unless it be upon Thursday the 21th day of March following in the afternoon in this present Journal and on Fryday the 15th day of January in the Session of Parliament A. 5. of her Majesty in the Journal of the Upper House And although the names of her Majesty and the Lords that attended could not be exactly set down yet it will not be impertinent in the next place to insert the manner of their sitting in the said House which being not at all mentioned in the aforesaid Original Journal Book of the same A. 1. Reg. Eliz. I have therefore partly supplied it according to 3 other Presidents in these ensuing Journals on which the first was on Thursday the 12th of Jan. in the Session of Parliament A. 5. Reg. Eliz. the second on Wednesday the 2d day of Octob. pomerid ' in the second and last Session of that Parliament being held in A. 8. Reg. 〈◊〉 and the third on Monday the 2d day of Apr. in the Parliament A. 13. Regin praedict ' all which do follow in the several Journals of the Upper House Annis praesatis and it is partly supplied also out the Printed Statute A. 31. H. 8. C. 10. and partly out of that elaborate written Treatise intituled Modus tenendi Parliament ' apud Anglos first confusedly gathered by Wil. Bowyer Esq as I conceive and now lately digested into a Methodical Treatise and enlarged by H. Essing Esq at this time Clerk of the Upper House viz. in A. 1630. L. 1. C. 3. de loco modo sedendi Sect. 3. of the manner of sitting in Parliament at this day Her Majesty sate in the Chair of Estate and when she stood up her Mantle was assisted and born up from her Arms by two Noblemen or others of Eminent Rank thereunto appointed The Two Seats on the right and left-hand of the Chair of Estate were void in respect that the first was Anciently for the King of Scots when he used to come to our Parliaments and the other on the left hand is for the Prince the immediate Heir of the Crown On the Form on the right side of the Chair of Estate which stands on the North-side of the Upper House sate the Spiritual Lords the Archbishop of York beginning the Form and the Abbot of Westminster ending it Who was the last Abbot that ever sate in the said House in England since this first Parliament of her Majesty But at this day the two Archbishops sit upon one Form by themselves and then the other Bishops in order upon two Forms on the right hand of the State the Bishop of London sits first the Bishop of Durham second and the Bishop of Winchester hath the third place and then all other Bishops according to the Antiquity of their Consecrations On the left side of the Chair of Estate which is on the South-side of the Upper House upon the foremost Form sate all the Temporal Lords above the degree of Barons The Marquess of Winchester Lord Treasurer of England beginning that Form and the Viscount Bindon ending it The Barons sate on the second Form on the left hand of the State and it should seem at this Parliament as it fell out also in the next Sessions following in A. 5. Regin Eliz. on Tuesday the 12th day of January that one Form held them all so as the Lord Clinton Lord Admiral of England began the said Form by reason of his Office and the Lord St. John of Bletsoe ended it But at this day the number of Peers being much encreased divers of the Barons do sit upon other Forms Places Cross-ways at the lower end of the House Sir Nicholas Bacon the Lord Keeper because he was under the degree of a Baron as also her Majesties chief Secretary being but a Knight were to have been placed at the uppermost part of the sack in the midst of the said House upon one Form by the fore recited Statute A. 3. H. 8. Cap. 10. But at this present Parliament as also at this day during her Majesties being present the Lord Keeper stood behind the Cloth of Estate on the right-hand and when her Majesty was absent then his Lordship sate on the first Woolsack which is placed athwart the House the Seal and Mace by him On the Woolsack on the North-side of the House and of the right-hand of the Estate sate the two Chief Justices and divers other Judges On the Woolsack on the left-hand of the Estate and on the South-side of the House sate the Master of the Rolls the Lord Chief Baron the Queen 's Learned Council and others And note That all these may properly besaid to sit on the Inner-side of
Dei gratiâ Angliae Franciae Hiberniae Reginae fidei defensor c. Sexto in quem diem praesens hoc Parliamentum Prorogatum fuerat convenerunt Domini tam spirituales quam Temporales quorum nomina subsequuntur Archiepiscopus Cantuarien Marchio Winton Thesaurarius Comes Suffex Comes Huntington Episcopus London Episcopus Roffen Dominus Clinton Admirallus Dominus Howard Camerarius Dominus Cobham Dominus Hunsdon Qui cum convenissent una cum populi atque Burgensium ut vocant satis magna frequentia praedictus Archiepiscopus Cantuarien paucis verbis declaravit conventum Procerum populi quem Parliamentum vocant in hunc diem destinatum à dicta domina Regina ccrtis quibusdam de causis considerationibus illam ad id specialiter moven differri in tricesimum diem Aprilis prox futurum atque ut tam proceribus quam populo palam fieret Regiam Majestatem ita constituisse Literas Commissorias dict Dominae Reginae Francisco Spilman Armig Clerico Parliamenti publicè clarâ voce legendas in manus tradidii Earum autem Tenor sequitur in haec verba Elizabetha Dei gratiâ Angliae Franciae Hiberniae Regina fidei defensor c. Reverendissimo in Christo Patri Matheo Cantuarien Archiepiscopo totius Angliae Primati Metropolitano ac Charissimo Consanguineo Consiliario suo Willielmo Marchioni Winton Thesaurario Angliae ncc non charissimis consanguineis suis Thomae Comiti Sussex Henrico Comiti Huntingdon Reverendis in Christo patribus Edmundo Episcopo London Edmundo Episcopo Roffen ac etiam praedilectis fidelibus consiliariis suis Edwardo Domino Clinton magno Admirallo suo Angliae Willielmo Domino Howard de Essingham Domino Camerario suo ac praedilectis sidelibus suis Willielmo Domino Cobham Gardiano sive Custodi quinque portuum suorum ac Henrico Domino Hunsdon salutem Cum nuper pro quibusdam arduis urgentibus negotiis nos statum defensionem Regni nostri Angliae ac Ecclesiae Anglicanae concernen praesens hoc Parliamentum nostrum apud Civitat nostram Westmonasterii duodecimo die Januarii Anno regni nostri Quinto inchoari teneri ordinaverimus à quo die idem Parliamentum nostrum tunc ibidem tent continuat fuerat usque decimum diem Aprilis tunc prox sequen ac post diversas Prorogationes idem Parliamentum nostrum usque ad in instantem Quintum diem Octobris Prorogatum ibidemque tunc tenend prosequend Sciatis tamen quod certis urgentibus causis considerationibus nos specialiter moven idem Parliamentum nostrum ulterius Prorogand duximus de sidelitate igitur prudentiâ circumspectione vestris plurimum considentes de avisamento assensu Concilii nostri assignavimus vos tres vestrum dantes vobis novem octo septem sex quinque quatuor tribus vestrum tenore praesentium plenam potestatem facultatem authoritatem hoc instan die Jovis ad praesens Parliamentum nostrum nomine nostro ad in tricesimum Aprilis prox futur usque praedictam Civitatem nostram Westmonasterii Prorogand continuand ibidemque tunc tenend prosequend ideo vobis mandamus quod circa praemissa diligenter intendatis ea in formâ praedicta effect ualiter expleatis Damus autem universis singulis Archiepiscopis Ducibus Magnatibus Comitibus Vice-Comitibus Episcopis Baronibus Militibus Civibus Burgen ac omnibus ahis quorum interest ad dictum Parliamentum conventur tenore praesentium firmiter in mandatis quod vobis in praenissis faciend pareant obediant intendant prout decet In cujus rei testimonium has Literas nostras fieri fecimus Patentes Teste me ipsa apud Westmonasterium Quinto die Octobris Anno Regni nostri Sexto The like Commission bearing date 30. die Aprilis An. 7 Eliz. was directed unto the Archbishop of Canterbury the Marquess of Winchester Lord Treasurer the Duke of Norsolk Earl Marshal of England the Earl of Arundel the Earl of Shrewsbury the Earl of Derby Thomas Earl of Sussex the Earl of Huntingdon the Earl of Pembroke the Earl of Warwick and the Earl of Leicester the Bishop of London and the Bishop of Rochester the Lord Cobham Warden of the Cinque-Ports the Lord Wentworth and the Lord Hunsdon Authorizing them 17 16 15 14 13 c. or three of them to Prorogue and continue the Parliament ut supra in the other Commissions mutatis mutandis unto the 4 th day of October next coming Teste me ipsa apud Westmonasterium 30 die Aprilis Anno Regni nostri Septimo On which 30 th day of April the Lord Treasurer the Duke of Norfolk the Earl of Arundel the Earl of Derby the Earl of Sussex the Earls of Huntingdon Pembroke and Warwick the Bishop of London the Lord Admiral the Lord Chamberlain the Lord Cobham the Lord Wentworth and the Lord Hunsdon did meet in the Parliament Chamber and in due and accustomed Form did Adjourn the Parliament unto the 4 th day of October according to the said Commission last specified and caused the said Commission to be publickly read by Francis Spilman Esq Clerk of the Parliament in hearing of the Commons then also present according to antient Custom in that behalf On the 4 th day of October Anno Regni Reginae Eliz. Septimo The like Commission ut supra bearing date the said 4 th day of October directed unto the Archbishop of Canterbury the Marquess of Winchester Lord Treasurer the Duke of Norfolk Earl Marshal of England the Earl of Sussex Chief Justice of all Forrests c. on this side Trent Ambrose Earl of Warwick Master of the Ordnance the Bishop of London and the Bishop of Rochester Edward Lord Clinton great Admiral of England William Lord Howard of Effingham Lord Chamberlain Thomas Lord Wentworth and Henry Lord Hunsdon authorizing them 10 9 8 7 6 5 4 and 3. ut antea mutatis mutandis to Prorogue and continue the same Parliament in Septimum diem Februarii prox futurum Teste me ipsa apud Westmonasterium 4 die Octobris Anno Regni nostri Septimo Which Commission was read by the Clerk of the Parliament in the Parliament Chamber in presence of ten of the Commissioners and of the Commons Memorandum quod hodie septimo die Februarii Anno Regni Eliz. Dei gratiâ Angliae Franciae Hiberniae Reginae sidei defensor c. Octavo in quem diem praesens hoc Parliamentum Prorogatum suer at convenerunt Domini tam spirituales quam temporales quorum nomina subsequuntur viz. Archiepiscopus Cantuarien Nicolaus Bacon Miles Custos magni Sigilli Marchio Winton Thesaurar Dux Norfolc Comes Marescallus Marchio North Comes Sussex Comes Warwick Episcopus London Episcopus Roffen Dominus Clinton Admirallus Dominus Howard Camerarius Dominus Wentworth Dominus de Hunsdon Qui cum convenissent unà cum populi atque Burgen ut vocant satis magnâ frequentiâ praedictus Nicolaus Bacon
Miles Dominus Custos magni Sigilli paucis verbis declaravit conventum Procerum populi quem Parliamentum vocant in hunc diem destinatum à dictâ Dominâ Reginâ certis quibusdam de causis considerationibus illam ad id specialiter moven differri in 30 diem Septembris prox futur These foregoing Prorogations of this present Session of Parliament being thus at large or abstractedly transcribed now follows in Order the Assembling and Meeting of both Houses in their several places on Monday the 30 th day of September to which day it had been last Prorogued so that either House going on where they last left there was no Meeting in the Upper House at all of both Houses nor the Queen came not in Person as she used to do when a new Parliament began nor hath it ever been used in latter times upon a meer Prorogation but yet on Wednesday the second day of October following by reason of the Choice of a new Speaker in the House of Commons which was occasioned by the Death of the former the Queens Majesty came in her accustomed Royalty as at the beginning of a Parliament is usual and there admitted of their new Speaker presented unto her whom they had Chosen but the day before by vertue of her Majesties Commission all which in due Form and Order follows On Monday the 30. day of September to which day this present Session of Parliament had been last Prorogued there Assembled in the Upper House according to the usual form and course as also the Knights Citizens and Burgesses of the House of Commons did in their own proper place Sir Nicholas Bacon Knight Lord Keeper of the great Seal of England the Lord Archbishop of York the Lord Marquess of Winchester Lord Treasurer of England the Duke of Norfolk Earl Marshal of England the Marquess of Northampton with divers Earls Viscounts Bishops and Barons the particular setting down of whose names is purposely omitted here although it were the first day of their Assembling together because they are at large set down on the second day of October following being Wednesday when by reason of her Majesties coming in Person to the Upper House the presence of the Lords was somewhat greater than upon this instant Monday Hodiè retornatum fuit Breve quo Edwardus Dominus Stafford ad praesens Parliament summonitus fuit qui admissus est ad suum praeheminentiae locum salvo semper jure superioris sedentis Consimile pro Henrico Domino Paget Consimile pro Rogero Domino North. Consimile pro Roberto Comite Leicestriae Consimile pro Henrico Comite Westmorl This day Sir Edward Rogers Knight Comptroller of her Highness Houshold Sir Francis Knolles Knight her Highness Vice-Chamberlain Sir William Cecill Knight her Highness Principal Secretary and Sir Ambrose Cave Knight Chancellor of her Highness Dutchy of Lancaster four Chief Members of the House of Commons and divers others of that Assembly to the number of twenty persons being sent up to the Lords from that House upon some urgent and weighty occasions desired to be admitted into the Upper House there to make known to their Lordships somewhat wherein they should require their advice and need their assistance upon which being admitted the said M r Comptroller assisted with the Personages and Company aforesaid did in comely order and discreet modesty make manifest and known unto the said Lords that Thomas Williams Esquire their late Speà ker in the last Session of this Parliament in the fifth Year of the Queens Majesty that now is was bereft from them by Death which had been openly and manifestly made known and testified unto them for remedy of which defection they humbly prayed their Lordships advice after which the Lord Keeper first requiring the said Personages a while to withdraw themselves and then commending the Order of the matter to the Lords sitting in consultation for the same it was by them all upon considerate advice therein had thought fit to signifie unto the said Commons by the Personages aforesaid that they thought it expedient and good the said Lord Keeper the Lord Treasurer of England the Duke his Grace of Norfolk and the Lord Marquess of Northampton with the four forecited Personages of the said House of Commons being also of her Highness most Honourable Privy-Council should in the name of both of the Assemblies with all humbleness and due celerity make intimation of their said Estate and the Petition thereupon depending unto her said Highness to which advice the said House of Commons upon knowledge had of the same wholly assented Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in diem Martis primum Octobris On Tuesday the first day of October the Bill for the making void of fraudulent Gifts and Alienations was read primâ vice The Queen having been moved as it seemeth the day past about the Death of the former Speaker and the Choice of a new one in the House of Commons by those eight Right Honourable Personages who were then and there named to move her Highness in it did give Order that this present Tuesday both the Lords and Commons should Assemble and meet together in the Parliament Chamber there to receive her Majesties Answer Where being Assembled the Lord Keeper shewed forth a Commission from her Highness under the great Seal of England which was directed unto him only the tenor whereof is set down at large in the Journal of the House of Commons de An. isto 8 Regin Eliz. to which House it properly belonged viz. That in respect Thomas Williams Esq the former Speaker was dead therefore the Lord Keeper was for her Majesty and in her Name to will and Command the Knights Citizens and Burgesses of the said House of Commons to resort unto their accustomed place and there to Elect and chuse amongst themselves one able and sufficient person to be their Speaker for the rest of this present Parliament yet to come And after they should have made their Election that then three or four of them for and in all their names should signifie the same unto her Majesty and thereupon her Highness would further signifie her pleasure unto them what day and time they should present him so Elected before her as it had been used formerly in like Cases to be done There was this day no other Bill or other business agitated in the Upper House for immediately upon the reading of the last above-mentioned Commission the Continuance of the Parliament is Entred in the Original Journal-Book of the said House in manner and form following viz. Dominus Custos magni Sigilli continuavit praesens Parliamentum usque diem Mercurii secundum diem Octobris On Wednesday the second day of October it seemeth there was no meeting of the Lords nor any thing done in the Forenoon neither is any mention made in the foregoing continuance of this Parliament by the Lord Keeper to what Hour of this Wednesday it was continued
comfortable words and commanded the Parliament to be dissolved Nota That this business had many and long Agitations in the House of Commons who were especially violent in that latter branch of it touching the Declaration of a Successor as see more at large on Monday the 25 th day of November foregoing and lastly I have thought good to give a short touch that all the foregoing passages of this Afternoon touching her Majesties Presence Royal Assent Speech and Dissolving the Parliament were thus Orderly set down in the Original Journal-Book of the House of Commons and have here received little Alterations THE JOURNAL OF THE House of LORDS The Journal of the Proceedings of the House of Lords in the Parliament holden at Westminster An. 13 Reg. Eliz. A. D. 1571 which began there on Monday the 2 d day of April and then and there continued until the Dissolution thereof on Tuesday the 29 th day of May ensuing THIS Journal of the Upper House continuing about the space of two Months was very carelesly entred in the Original Journal-Book of the Upper House by the Clerk thereof who as it seems was Anthony Mason Esq succeeding about this time in the said Office of Clerk of the Upper House unto Francis Spilman Esq who had formerly supplied that place But yet by means of a Copious Journal I had by me of the Passages of the House of Commons in this Parliament taken by some Anonymous Member thereof and also of some Copies I had of the Speeches of Sir Nicholas Bacon Lord Keeper at the beginning and conclusion of this said Parliament this ensuing Journal is much enlarged And therefore to avoid confusion whatsoever is here inserted out of the said private Journal is particularly distinguished from that which is taken out of the above-mentioned Journal-Book of the Upper House by some Animadversions or Expression thereof both before and after the inserting of it Neither doth the Original Journal-Book it self of the Upper House want some matter of variety besides the ordinary Reading Committing and passing of Bills in respect that Sir Robert Catlyn Knight Lord Chief Justice of the Kings Bench was appointed by her Majesties Commission under the Great Seal to supply the Lord Keepers place upon occasion of his sickness during some part of this said Parliament in the first entry whereof is set down out of the foresaid Anonymous Journal of the House of Commons her Majesties coming to the Upper House with the Order and manner of it the substance also of which is found though somewhat more briefly set down in the Original Journal-Book of the same House On Monday the second day of April the Parliament beginning according to the Writs of Summons sent forth her Majesty about eleven of the Clock came towards Westminster in the antient accustomed most honourable Passage having first riding before her the Gentlemen Sworn to attend her Person the Batchellors Knights after them the Knights of the Bath then the Barons of the Exchequer and Judges of either Bench with the Master of the Rolls her Majesties Attorney General and Sollicitor General whom followed in Order the Bishops and after them the Earls then the Archbishop of Canterbury The Hat of Maintenance was Carried by the Marquess of Northampton and the Sword by the Earl of Sussex The place of the Lord Steward for that day was supplied by the Lord Clinton Lord Admiral of England the Lord Great Chamberlain was the Earl of Oxenford And the Earl Marshal by Deputation from the Duke of Norfolk was the Earl of Worcester Her Majesty sate in her Coach in her Imperial Robes and a Wreath or Coronet of Gold set with rich Pearl and Stones over her Head her Coach drawn by two Palfries covered with Crimson Velvet drawn out imbossed and imbroidered very richly Next after her Chariot followed the Earl of Leicester in respect of his Office of the Master of the Horse leading her Majesties spare Horse And then forty seven Ladies and Women of Honour The Guard in their rich Coats going on every side of them The Trumpeters before the first sounding and the Heralds riding and keeping their rooms and places Orderly In Westminster Church the Bishop of Lincoln Preached before her Majesty whose Sermon-being done her Majesty came from the Church the Lords all on foot in order as afore and over her Head a rich Canopy was carried all the way She being entred into the Upper House of Parliament and there sate in Princely and seemly sort under a high and rich Cloth of Estate her Robe was supported by the Earl of Oxenford the Earl of Sussex kneeling holding the Sword on the left hand and the Earl of Huntingdon holding the Hat of Estate and the Lords all in their Rooms on each side of the Chamber that is to say the Lords Spiritual on the right hand and the Lords Temporal on the left Nota That whereas the presence of these Lords ought here according to the usual course to have been inserted out of the Original Journal-Book of the Upper House it must of necessity be omitted in respect that through the great negligence of Anthony Mason Esq at this time as it should seem Clerk of the said House there are none of the said Lords noted to have been present yet it may be probably guessed who they were by those who attended on Wednesday of this instant April ensuing Quod vide The Judges and her Learned Councel being at the Woollsacks in the midst of the Chamber and at her Highness Feet at each side of her kneeling one of the Grooms or Gentlemen of the Chamber their Faces towards her the Knights Citizens and Burgesses all standing below the Bar her Majesty then stood up in her Regal Seat and with a Princely Grace and singular good Countenance after a long stay spake a few words to this effect or thus Mr right Loving Lords and you our right faithful and Obedient Subjects we in the name of God for his Service and for the safety of this State are now here Assembled to his Glory I hope and pray that it may be to your Comfort and the common quiet of our yours and all ours for ever And then looking on the right side of her towards Sir Nicholas Bacon Knight Lord Keeper of the Great Seal of England standing a little beside the Cloth of Estate and somewhat back and lower from the same she willed him to shew the cause of the Parliament who thereupon spake as followeth THE Queens most Excellent Majesty our most Dread and Gracious Soveraign hath Commanded me to declare unto you the Causes of your Calling and Assembly at this time which I mean to do as briefly as I can led thereunto as one very loth to be tedious to her Majesty and also because to wise men and well-disposed as I judge you be a few words do suffice The Causes be chiefly two The one to establish or dissolve Laws as best shall serve for the Governance of the Realm
mischief it may be to me and inconvenient also to utter the same I will not speak thereof but dutifully neither do I see any thing that is amiss at this present what was done a hundred years since I may safely tell and thus it was A Duke of this Realm wrote his Letters to a City which I know to this effect whereby he did signify that a Parliament was to be Summoned in short time and that for great causes he was to crave aid of all his Friends and reckoning them amongst the rest he wished them of four under-nominated to chuse two the Letter under the Dukes Seal is still preserved but hear you the Answer he was written to with due humbleness that they were prohibited by Law they might chuse none of them I will venture a little nearer In Queen Maries time a Council of this Realm not the Queens Privy-Council did write to a Town to chuse a Bishops Brother and a great Bishops Brother it was indeed whom they assured to be a good Catholick man and willed them to chuse to the like of him some other fit man The Council was Answered with Law And if all Towns in England had done the like in their Choice the Crown had not been so wronged and the Realm so robbed with such ease at that Parliament and truth banished as it was what hath been may be there is no impossibility It will be said I mistake it is not meant but that Towns shall be at liberty to chuse whom they list I say that Liberty is the loss of Liberty for when by Law they may do what they will they may not well deny what shall be required It is too truly said Rogando cogit qui rogat potentior And I have known one that to avoid a great mans displeasure that dwelt near him that was desirous as he knew to buy his Land did upon small occasion bind himself not to alienate his Land from his true Heirs this being known I mean that he was bound as aforesaid the great man was contented to let him keep his own quietly which otherwise he would not have done Surely Law is the only Fortress of the inferior sort of People and contrary to the Law the greater sort will not desire or expect anything Though now at this present God be praised we need not to fear the greatness of any man Justice is so well administred Yet hereafter whatsoever hath been we may fear either for maintenance of Faction or maintenance of Mischief Again I say it may be what heretofore was possibly again may be We stand and have stood of late upon the notorious manifestation of the Authority of Parliament except withal you keep the ancient usage of the same and withal endeavour the freedom thereof in effect you do nothing if I guess aright It is further said that in some Towns there are not men of discretion fit they be not the wiser said the Gentleman that spoke before for being Burgesses I can never be perswaded but that either the Lord whose the Town is be the Town never so little or the Steward if it be the Queens or some good Gentleman of the Country adjoinant will either assign them who know the Town and can be content to be free among them and to serve by their appointment for their Country and for them or else for some reasonable Fee such as be of their Learned Councel and who know them and the Country will deal for them I mean it not so strictly that those who should be chosen should of necessity be dwellers in the Town but to be either of the Town or towards the Town Borderers and near Neighbours at the least and to this effect I would the Bill were framed I stand too long hereon and abundance of matter occasioneth confusion this is all It was meant at the first and first Constitution of Parliament that men of every quarter and of all sorts should come to this Court that they should be freely chosen This in every Age hitherto hath seemed best to alter without cause is not convenient to give every Town liberty may offer in time inconvenience None so fit for every Country as those who know the same To chuse of their own it is a Liberty to lose their Liberty I think it a bad Commodity call it as you please by such kind of release in easing men of their Wealths or of some good part of their Living beshrow our Charity And in like sort and in like reason it seems to me this Law is inferred out of the Preface of the same For thus it is penned Forasmuch as some Towns are decayed and have not of their own therefore let every Town do what they list Of a particular Proposition to make a general conclusion it is against our Rules and nothing as saith the Philosopher is more absurd than non causam pro causà Some Towns cannot send fit men it standeth very strongly if you seek to help let the Plaister be fit for the sore let not the Salve be stretched too far lest the whole and sound flesh by the broad spreading of the Salve do either smart fret or fester The Medicine which healeth the sick man may be poyson for the whole and sound man All Citizens and Burgesses should not be thought alike and yet all provided for as there is due cause let there be therefore convenient consideration how to heal how to hurt And I could wish according to the weight of the matter it might be rather staid on than thus abruptly over-ruled and while we fly Scylla we fall not into Charybdis while we say that Boroughs cannot send to this High Court so fit men as be convenient that by altering the ancient usage which is the only Warrant and sole stay of freedom in Parliament it may happily be said we have no Parliament now within this Realm nor Liberty at all for any such here to be holden M r Bell in Answer of this did collect the substance of what had been said and in a long Discourse shewed that it was necessary all places should be provided for and not Boroughs only being but one of the Members of the Common-Wealth and that some of them have neither Wealth to provide fit men nor themselves any in any sort convenient He thought not amiss if in respect of those manifest wants convenient supply should be but without the Warrant of Parliament such alteration might not be He then thought it not amiss to be advised And for the objection of the danger which may ensue by reason of the Letters of Noblemen he could not he said but think it convenient to prevent the same and therefore wished that there might be the penalty of forty pound upon every Borough that should make such Election at the Nomination of any Nobleman M r Alford reasoned to this effect That above all things necessary care ought to be for the chusing and having of fit men to supply the place
passed the House of which the first was the Bill for preservation of Order and Uniformity in the Church and the second for William Skeffington Esquire The Proviso to the Bill of Subsidy for Rumney-Marsh was twice read The Bill for respite of Homage was read the third time The Proviso to the Bill for respite of Homage was twice read The Bill for respite of Homage was committed to Mr. Serjeant Manwood Mr. Serjeant Lovelace Mr. Wilbraham and Mr. Popham who were appointed to meet this Afternoon at three of the Clock and to make report unto this Court to Morrow next On Saturday the 28 th day of April a Supplication for the Merchants of Dantzick touching Cony-Skins was this day read unto the House and delivered unto Mr. Treasurer The Proviso to the Bill for Fugitives was twice read and upon the question it was Ordered that the Bill shall stand as it is touching the relief of Wives and Children And the Bill was also Ordered to be ingrossed with the Proviso for the Dutchess of Feria and the Lady Jane Dormer Widow The Bill against Usury was read the third time Five Bills were sent up to the Lords from the House of Commons of which the first was the Bill for Conservation of Orders and Uniformity in the Church and another against Popish Priests disguising themselves in Serving-mens Apparel The Bill for keeping Residence in Cathedral Churches was read the first time Mr. Henry Knolles Sen. Mr. Strickland Mr. Mounson and Mr. Yelverton were appointed to sort the Bills for Religion in such order and course for proceeding one before another as they shall think meetest Vide May 17. postea The Bill for Shrewsbury was read the third time The Committees in the Bill for coming to Church and receiving the Communion whose names see on Saturday the 21 th day of this instant April preceeding and the Committees in the Bill for respite of Homage who were nominated on Friday the 27 th day of the same Month foregoing were appointed to meet this Afternoon at two of the Clock in the Temple Church The second Bill for Religion was read the second time and committed unto the Lord President of the Marches of Wales Sir Thomas Smith Sir Thomas Scott Mr. Attorney of the Wards Mr. Norton Mr. Greenfeild Mr. Grimston Mr. Smith Mr. Fenner and Mr. Agmordsam who were appointed to meet this Afternoon at three of the Clock in the Star-Chamber Vide May 17. postea what this Bill was The Bill for Bristol was read the third time and after long Arguing passed upon the Question Mr. Serjeant Barham and Mr. Sollicitor brought two Bills from the Lords the one for the Confirmation of the Attainder of the late Earls of Northumberland and Westmerland and others and the other for reviving and continuance of certain Statutes April the 29 th Sunday On Monday the 30 th day of April Two Bills had each of them their second reading and were Ordered to be ingrossed of which the first was the Bill for allowance to be made unto Sheriffs for the Justices Diets Two Bills also had each of them their third reading and were likewise Ordered to be ingrossed of which the first was the Bill for coming to Church and receiving of the Communion On Tuesday the first day of May Two Bills of no great moment had each of them one reading of which the second being the Bill against Fugitives was read the third time and after many Arguments passed upon the Question Mr. Attorney General and Mr. Doctor Huick did desire from the Lords that some of this House may attend upon six of the Lords to Morrow Morning for Conference touching the Bill against Priests disguising themselves in Serving-mens Apparel which was granted and thereupon were appointed for that purpose Mr. Treasurer Sir Thomas Scott Sir Owen Hopton Sir Thomas Lucy Sir Henry Jones Mr. Serjeant Manwood Mr. Cleere Mr. Thomas Browne Mr. Norton Mr. Yelverton Mr. Strickland Mr. Mounson and Mr. Thomas Hussy Mr. Serjeant Barham and Mr. Attorney General did desire from the Lords that a convenient number be sent presently unto their Lordships from this House for Answer touching Articles for Religion Whereupon my Lord Deputy of Ireland Mr. Treasurer and divers others were sent for that purpose and had with them the four Bills last passed viz. The Bill against Fugitives The Bill for Bristol The Bill for William Skeffington and the Bill for Shrewsbury And afterwards returned Answer from the Lords that the Queens Majesty having been made privy to the said Articles liketh very well of them and mindeth to publish them and have them Executed by the Bishops by direction of her Highness Regal Authority of Supremacy of the Church of England and not to have the same dealt in by Parliament Nota That there was in this Parliament much and long agitation touching the reforming of several enormities and Ceremonies in matters of Religion which now at last the Queen took out of the hands of the House and promised other Amendment as appeareth by the above-mentioned Message sent from the Lords to the said House although the said matters and agitations were not thereupon deserted but continued in part as is more at large observed upon Thursday the 17 th day of this instant May ensuing where the whole beginning Progress and Issue of this business is at large collected and digested into an orderly relation The Bill for allowance to be made unto Sheriffs for the Justices Diets was read the third time M r Sollicitor and M r Doctor Lewes brought from the Lords two Bills the one against fraudulent Gifts and Conveyances and the other for Constats and Exemplifications of Letters Patents to be as good and available as Letters Patents themselves The Bill of Attainder was read the first time Sir Henry Peircy Knight was appointed to be heard in this House with his Learned Council upon Saturday next at two of the Clock in the Afternoon The Bill for Constats and Exemplifications of Letters Patents was read the first time On Wednesday the second day of May Five Bills of no great moment had each of them their first reading The Bill for Leases of Benefices being the fifth Bill of those seven Bills preferred this Parliament touching the reformation of matters of Religion and therefore called in the Original Journal-Book of the House of Commons the Bill E was read the second time and Ordered to be ingrossed Touching which said Bill and matters of Religion see a more full and ample Animadversion or Declaration on Thursday the 7 th day of this instant May ensuing M r Treasurer with the residue of the Commissioners having been with the Lords about the Bill against Priests disguising themselves in Serving-mens Apparel shewed that upon Conference therein had with the Lords their request is that some of the said Committees might confer with the Queens Majesties Learned Councel touching the enlargement and better Explanation of some parts of the same Bill Whereupon the House liking
without a Head thus do therefore it resteth that you according to your antient Order of your selves chuse some wise and discreet man who after he hath been by you chosen and presented and that presentation by the Queens Majesty allowed shall then be your Speaker and Day is given c. This Speech being thus transcribed out of the Copy I had of it as is aforesaid now follow the names of the Receivors and Tryors of Petitions out of the Original Journal-Book of the Upper House which the Clerk of the same readeth in French as soon as the Lord Keepers Speech is ended and which were as followeth Receivors of Petitions for England Ireland Wales and Scotland Sir Robert Catlin Knight Chief Justice of the Kings-Bench Sir William Cordell Knight Master of the Rolls Sir John Widdon Knight one of the Justices of the ----- Sir Richard Read K t one of the Justices of the ----- and D r Huick and they that will deliver Petitions are to deliver the same within six dayes next ensuing Receivors of Petitions for Gascoigne and other Lands beyond the Seas and the Isles Sir James Dyer Knight Chief Justice of the Common-Pleas Sir Edward Sanders Knight Lord Chief Baron Richard Weston one of the Justices of the ----- John Southcott one of the Justices of the ----- Doctor Lewis Doctor Yale and Doctor Vaughan and they that will deliver Petitions are to deliver the same within six days next ensuing Triors of Petitions for England Ireland Wales and Scotland The Archbishop of Canterbury the Earl of Oxford the Earl of Sussex the Earl of Huntington the Earl of Bedford the Bishop of London the Bishop of Winchester the Bishop of Ely the Lord Howard of Effingham Lord Chamberlain of the Queens House the Lord Windsor and the Lord North. All these or four of them calling unto them the Lord Keeper of the Great Seal and the Treasurer and the Queens Serjeants when need shall require shall hold their place in the Chamberlains Chamber Triors of Petitions for Gascoigne and other Islands beyond the Seas The Archbishop of York the Earl of Lincoln Lord Admiral of England the Earl of Leicester the Earl of Essex the Bishop of Worcester the Bishop of Lincoln the Bishop of Rochester the Lord Burleigh Principal Secretary the Lord Wentworth the Lord Buckhurst All they or four of them calling to them the Queens Serjeants Attorney and Sollicitor when need shall require shall hold their place in the Treasurer's Chamber Hodiè retornatum est breve Dom. Reginae quo Henricus Compton de Compton Chevalier praesenti Parliamento interesse summonitus est qui praesens admissus est ad suum praeheminentiae sedendi in Parliamento locum salvo cuique jure suo And two other Writs were returned in like manner by which Henry Cheyney of Toddington and Henry Lord Norris of Ricott were Summoned to be present this Parliament who were accordingly admitted to their due places saving to all others their right Nota That there is no entrance in the Original Journal-Book of the Upper House of any Continuance or Adjournment of the Parliament by the Lord Keeper which doubtless happened through the great negligence of Anthony Mason Esq at this time Clerk of the said House There were also divers Proxies returned on this present Thursday being the 8 th day of May but whether before or after the Continuance of the Parliament appeareth not in which two Spiritual Lords Constituted each of them two Proctors apiece according to the usual and frequent manner and are therefore omitted but four other Bishops nominating either three Proctors apiece or but one which is somewhat extraordinary therefore they are here inserted Die 8 o Maij introductae sunt literae Procuratoriae Hugonis Episcopi Landaven in quibus Procuratores suos constituit Nicolaum Wigorn. Richardum Meneven Nicolaum Bangoren Episcopos Eodem die introductae sunt literae Procuratoriae Jacobi Dunelmensis Episcopi in quibus Procuratorem suum constituit Edmundum Archiepiscopum Ebor. Eodem die introductae sunt literae Procuratoriae Johannis Herefordensis Episcopi in quibus Procuratores suos constituit Matthaeum Cantuariensem Archiepiscopum Edwin London Nicolaum Wigorn. Episcopos Eodem die introductae sunt literae Procuratoriae Thomae Assavensis Episcopi in quibus Procuratores suos constituit Robertum Wintonien Nicolaum Wigorn. ac Nicolaum Bangoren Episcopos Now although it be most usual for the Spiritual Lords to name two Proctors yet here four of six varied from it three of them exceeding that number and the other nominating but one It is likewise as usual for the Temporal Lords to Constitute but one Proctor and it is an Action worthy observation where they nominate more for in this very Parliament of fifteen Temporal Lords that sent Proxies but one nominated two Proctors which see afterwards on Monday the 12 th day of this instant May following and all the rest Constituted but one Proctor apiece which being trivial and ordinary are omitted Nota Also that the Earl of Leicester had this Parliament eight Proxies sent unto him viz. from George Earl of Shrewsbury Edward Earl of Darby Henry Lord Scroop Edward Lord Dudley Anthony Viscount Mountacute Gregory Lord Dacres William Lord Sands and Edward Earl of Lincoln all which seem to have been returned on Monday the 12 th day of this instant May in such order as they are here set down Nota That the Lord Burleigh also Principal Secretary to her Majesty had six Proxies sent unto him this Parliament viz. from John Marquess of Winchester Henry Lord Hunsdon Thomas Lord Buckhurst John Lord Latimer Edward Earl of Lincoln who made also the Earl of Leicester his joint Proctor with him and Robert Lord Rich. These also are set down in the Journal-Book to have been returned the 12 th day of May in such order as they are here set down but now by a late Order made in the Upper House an 2 do Caroli Regis no Lord is capable of above two Proxies Nota That in the Original Journal-Book of the Upper House it doth not appear at all whether her Majesty or any of the Lords were present on Saturday following being the tenth day of this instant May it appearing plainly that neither House sate on Friday the 9 th day of the same nor what was done thereon and therefore the Passages of the same are supplied out of the Original Journal-Book of the House of Commons On Saturday the 10 th day of May in the Afternoon her Majesty being come to the Upper House with divers of the Lords Spiritual and Temporal being there also set and the Knights Citizens Burgesses and Barons of the House of Commons having notice repaired thither with Robert Bell of the Middle-Temple London Esq their Speaker Elect who was led up unto the Rail or Bar at the lower end of the said Upper House by two of the most Eminent Personages of the Commons and presented to her Majesty whom she allowed and Confirmed
in the said place of Prolocutor or Speaker notwithstanding his Excuse made and disabling himself according to the usual form After which the said Speaker being now fully and absolutely invested in his said place did after his humble thanks rendred to her Majesty in the Conclusion of his Speech make certain Petitions of course in the behalf of himself and the House of Commons viz. for the free access to her Majesty freedom of Speech and freedom from Arrests and Suits during the Continuance of the Parliament and for Pardon for himself if he should in any thing unwittingly mistake or offend All which being graciously allowed by her Majesty she arose and departed Nota That there is no entrance in the Original Journal-Book of the Upper House of the Continuance or Adjournment of the Parliament which doubtless happened through the great negligence of Anthony Mason Esq now Clerk of the same For it is plain the Lords did sit again on Monday following in the Forenoon to some hour of which it is most likely it was continued and the passages whereof as also of all the other days on which the said House sate do now in order follow out of the aforesaid Original Journal-Book of the same May the 11 th Sunday On Monday the 12 th of May to which day the Parliament had been last continued as is most likely the presence of the Lords is first noted in the Original Journal-Book of the Upper House which were as followeth their Names only being altered into English The Archbishop of Canterbury The Archbishop of York Sir Nicholas Bacon Knight Lord Keeper of the Great Seal of England The Marquess of Winchester Comites The Earl of Oxford Great Chamberlain of England The Earl of Kent The Earl of Worcester The Earl of Rutland The Earl of Sussex The Earl of Warwick The Earl of Pembroke The Earl of Hartford The Earl of Leicester The Earl of Essex Viscount Bindon Episcopi The Bishop of London The Bishop of Winchester The Bishop of Ely The Bishop of Worcester The Bishop of S t Davids The Bishop of Salisbury The Bishop of Bath and Wells The Bishop of Coventry and Litchfield The Bishop of Peterborough The Bishop of Norwich The Bishop of Chester The Bishop of Bangor The Bishop of Lincoln The Bishop of Exeter The Bishop of Rochester Barones The Lord Howard of Effingham Chamberlain to the Queen The Lord Burleigh Secretary to the Queen The Lord Abergaveny The Lord Strange The Lord Dacres The Lord Stafford The Lord Grey of Wilton The Lord Mountjoy The Lord Darcy The Lord Mounteagle The Lord Sands The Lord Windsor The Lord Wentworth The Lord Burrough The Lord S t John of Basing The Lord Cromwell The Lord Evers The Lord Wharton The Lord Willoughby of Parham The Lord Pagett The Lord Darcy of Chich. The Lord North. The Lord Chandois The Lord S t John of Bletsoe The Lord Buckhurst The Lord De la Ware The Lord Compton The Lord Cheyney The Lord Norris This day also by Order and Consent of the whole House were appointed to confer with such number of the House of Commons as should please the said House to appoint for the more speedy and better direction of them in the great matter touching the Queen of Scots these Lords undernamed viz. The Archbishop of Canterbury The Archbishop of York The Earl of Oxford The Earl of Kent The Earl of Worcester The Earl of Sussex The Earl of Warwick The Earl of Bedford The Earl of Leicester The Earl of Essex The Bishop of London The Bishop of Winchester The Bishop of Ely The Bishop of Lincoln The Bishop of Rochester The Lord Chamberlain The Lord Burleigh The Lord Grey The Lord Windsor The Lord Wentworth The Lord North and the Lord Chandois Who were appointed to meet in the Star-Chamber at eight of the Clock in the Morning the next day Vide on Wednesday May the 28 th ensuing The Bill for preservation of Wood and Timber was read prima vice Commissa Archiepiscopo Cantuar. Comiti Lincoln Comiti Sussex Comiti Leicester Episcopo Elien Episcopo Wigorn. Episcopo Meneven Domino Howard Domino Camerario Domino Burleigh Domino Windsor Domino Wentworth Domino Pagett Domino Chandois Domino Buckhurst Justiciario Southcott Justic. Weston The Bill for punishment of Vagabonds and for relief of the poor was read prima vice Commissa Archiepiscopo Cantuar. Comiti Huntington Comiti Rutland Comiti Pembroke Comiti Hertford Episcopo London Episcopo Wigorn. Episcopo Meneven Episcopo Bangor Domino Grey Domino S t John Domino Evers Domino S t John de Bletsoe Justiciario Harper Christophero Wray Servienti ad Legem Nota That here a Bill is not only committed upon the first reading but a Judge who is but a meer Assistant unto the Upper House and a Serjeant who is but a meen Attendant thereon are made joint Committees with the Lords as in the Bill foregoing Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in diem Crastinum hurâ Octavâ This day also was brought in the Proxy of Edward Earl of Lincoln into the Upper House and as it seemeth the Proxies of fourteen other Temporal Lords viz. One Marquess two Earls one Viscount and ten Barons But there is no mention made in the Original Journal-Book whether they were returned before or after the Continuance of the Parliament according to the usual form as aforesaid which was in the Afternoon of this present Monday where each Temporal Lord nominateth one Proctor and therefore were admitted but the Earl of Lincoln nominating two Proctors which is somewhat extraordinary is transcribed out of the Original Journal-Book as followeth 12 th Maij introductae sunt literae Procuratoriae Edwardi Comitis Lincoln in quibus Procuratores suos constituit Robertum Comitem Leicester Willielmum Dominum Burleigh On Tuesday the 13 th day of May to which day the Parliament had been last continued the Bill against corrupt Presentations was read Primâ vice Nota Because the daily continuing of the Parliament in these words Dominus Custos magni Sigilli c. is but matter of course it is afterwards through the whole Journal-Book omitted unless something extraordinary fall out either in respect of the person time or manner of continuing of it On Wednesday the 14 th day of May to which day the Parliament had been last continued on the day next foregoing divers Lords Spiritual and Temporal Assembled but nothing was done save only the Continuance of the Parliament by the Lord Keeper to the day next following at eight of the Clock On Thursday the 15 th day of May to which day the Parliament had been yesterday continued the Bill for the punishment of Vagabonds and relief of the Poor was read secunda vice but there is no mention made that it was either Ordered to be ingrossed or referred to Committees of which doubtless there can be no other reason seeing it was not sent up
House of Commons Whereupon the Speaker moved the said House to appoint some to amend those things which the Lords had yielded to have reformed that so the Bill might pass but the whole House a very few excepted said they would hear no more of it and so it stayed without any further proceeding because it appeared the House of Commons did not think their Objections sufficiently answered by the Lords This foregoing proceeding of the two Houses in the above-mentioned Bill touching Authority to be given to the Justices of her Majesties Forests c. being transcribed out of the Copy thereof I had by me now follows the next days Passages out of the Original Journal-Book of the House of Commons On Friday the 9 th day of March the Bill for restitution in Blood of the Lord Norris was twice read The Bill for re-edifying of the Town of Cringleford near unto the City of Norwich was read the third time and passed the House and was sent up to the Lords with the Bill for the Hospital in the Town of Leicester by M r Treasurer and others The Bill touching Suffolk Cloths and Essex Cloths was read the first time and committed unto M r Secretary Smith M r Lieutenant of the Tower Sir Nicholas Arnold and others to have Conference touching the double searching of Cloths generally now presently in the Committee-Chamber The Bill for Confirmation of the Subsidy of the Clergy was read the second time but no mention is made that it was either Ordered to be ingrossed or referred to Committees because it had been formerly sent from the Lords M r Chancellor of the Exchequer touching the Petition for reformation of Discipline in the Church did bring word from the Lords that their Lordships having moved the Queens Majesty touching the said Petition her Highness answered their Lordships that her Majesty before the Parliament had a care to provide in that case of her own disposition and at the beginning of this Session her Highness had Conference therein with some of the Bishops and gave them in Charge to see due reformation thereof wherein as her Majesty thinketh they will have good consideration according unto her pleasure and express Commandment in that behalf So did her Highness most graciously and honourably declare further that if the said Bishops should neglect or omit their Duties therein then her Majesty by her Supream Power and Authority over the Church of England would speedily see such good redress therein as might satisfie the expectation of her loving Subjects to their good contentation which Message and Report was most thankfully and joyfully received by the whole House with one accord And immediately thereupon John Crook Esquire one of the Knights for the County of Buckingham took occasion in most humble and dutiful wise to make a Motion unto the House for another Petition to be moved to the Lords for perswading of her Majesty for Marriage Vide concerning Church-Discipline on Wednesday the 29 th day of February preceeding and on Friday the second day of this instant March foregoing and touching the Queens Marriage on Monday the 12 th day of the same Month of March ensuing The new Bill also for the Lady Wainman was read the first time Post Meridiem In the Afternoon the Bill for the Lord Viscount Howard of Bindon was twice read Six other Bills of no great moment had each of them one reading of which one being the Bill for restitution in Blood of Henry Lord Norris another for Confirmation of the Subsidy granted by the Clergy and a third for Preservation of Pheasants and Partridges were each of them read the third time and passed the House On Saturday the 10 th day of March Two Bills had each of them their third reading and passed the House of which the first was for repressing of Murders and Felonies in the Counties of Northumberland and Cumberland Five Bills were sent up to the Lords from the House of Commons of which one was the Bill for setting the Poor on work and for avoiding of Idleness and another for preservation of Pheasants and Partridges The Bill against excess in Apparel was read the second time and committed unto all the Privy-Council being of this House M r Captain of the Guard M r Treasurer of the Chamber the Masters of Requests and others who were appointed to meet at the Exchequer-Chamber at two of the Clock in the Afternoon M r Doctor Barkley and M r Powle did bring from the Lords a Bill for the Hospital of S t Cross with special commendation for expediting thereof and Declaration of the assent of the Parties given in that behalf before their Lordships Two Bills of no great moment had each of them one reading of which the first being the Bill for the Lady Wainman was read the third time and passed the House M r Serjeant Barham and M r Doctor Vaughan brought from the Lords two Bills with Amendments and Provisoes which before passed the House viz. the Bill for repairing and amending of the Bridges and High-ways near Oxford and the Bill for maintenance of Colledges in the Universities and of Eaton and Winchester The Bill against Arthur Hall Esquire Edward Smalley and Matthew Kirtleton his Servant was read the first time Edward Smalley Servant unto Arthur Hall Esq appearing in this House this day at the Bar it was pronounced unto him by M r Speaker in the name and by the appointment and order of this House for Execution of the former Judgment of this House awarded against him That he the said Edward Smalley shall be forthwith committed Prisoner from this House to the Tower of London and there remain for one whole Month next ensuing from this present day and further after the same Month expired until such time as good and sufficient assurance shall be had and made for payment of 100 l of good and lawful money of England to be paid unto William Hewet Administrator of the goods Chattels and Debts of Melchisedech Malory Gent. deceased upon the first day of the next Term according to the former Order in that behalf by this House made and set down and also forty Shillings for the Serjeants Fees the notice of which assurance for the true payment of the said hundred pounds in form aforesaid to be certified unto M r Lieutenant of the Tower by M r Recorder of London before any delivery or setting at liberty of the said Edward Smalley to be in any wise had or made at any time after the Expiration of the said Month as is aforesaid and that he shall not be delivered out of Prison before such notice certified whether the same be before the said first day of the next Term or after Vide concerning this matter on Thursday the 16 th day Monday the 20 th day Wednesday the 22 th day Monday the 27 th day and on Tuesday the 28 th day of February preceeding as also on Wednesday the 7 th day of this instant March foregoing
their several places the Knights Citizens and Burgesses of the House of Commons had notice thereof who thereupon repairing thither as many as conveniently could were let in and standing all together at the Rail or Bar at the lower end of the Upper House Sir Thomas Bromley Knight Lord Chancellor by the Queen Commandment declared unto them the Causes of the Assembling of this Parliament But what those Causes were neither the Original Journal-Book of the Upper House nor that of the House of Commons do at all mention in setting down the other daily Passages of this Parliament de Anno isto 27 Reginae Eliz. But in respect they are set down the above-mentioned Catalogue of Honour imprinted at London An. Domini 1610. pag. 〈◊〉 and that it is most probable that were there inserted out of the Collections or Memorial of some Member of the House of Commons at this Parliament therefore I have thought good to supply it verbatim as it is there set down The said Lord Chancellor declared unto them in her Majesties name that this Assembly of Parliament was for three causes called viz. For the glory of Almighty God and the furthering of Religion for the health and preservation of her Royal Majesty and the welfare of the Common-Weal Which after that he had a loud and most eloquently at large declared turning his Speech unto the Knights and Burgesses standing on a heap together below he willed them to make choice of their Prolocutor and to give notice of him so Chosen unto the Lords of the Privy-Council from whom they should expect what the Queens Pleasure and Answer was concerning him so Chosen to be afterward presented The substance of this Speech being so shortly set down in the said Catalogue of Honour I thought good to transcribe although it were imprinted because it doth much augment and perfect this present Journal of the Upper House The residue whereof doth next in order follow out of the Original Journal-Book of the same House there being only added now and then as the occasion offered it self some Observations and Animadversions upon it Nota Also that no names of any of the Lords Spiritual or Temporal are noted to have been present this day which happened through the negligence of the Clerk of the Parliament but it may be conjectured who they were by the names of such whose presence is noted on Thursday next following being the 26 th day of this instant November on which said day the presence of such Lords as attended this Parliament is first marked Then follow the names of the Receivors and Triors of Petitions which is the more remarkable at this time because it is said that the Clerk of the Parliament did read them by the Lord Chancellors Commandment whereas it should seem at other times and which is agreeable also to the course at this day he doth presently stand up of himself as soon as the Lord Chancellors or Lord Keepers Speech is ended and reads the said Receivors and Triors names yet the entrance aforesaid is at this time set down in the said Journal-Book in manner and form following Tunc having before-mentioned the Lord Chancellors Speech Parliamenti Clericus ex mandato Cancellarn omnibus Petitionibus exhiberi volentibus Receptorum Examinatorum nomina formâ subsequenti recitavit Then follows all in French of which the names were these Receivors of Petitions for England Ireland Wales and Scotland Sir Christopher Wray Lord Chief Justice of England Sir Gilbert Gerrard Master of the Rolls Sir Thomas Gawel Knight one of the Justices of the Kings-Bench Doctor Clarke and Doctor Ford. Receivors of Petitions for Gascoigne and other Countries beyond the Seas and the Isles Sir Edmund Anderson Knight Lord Chief Justice of the Common Pleas Sir Roger Manwood Lord Chief Baron Francis Windam one of the Justices of ..... Doctor Awbery and Doctor Barkley Such as will deliver Petitions must so do within six days next ensuing Triors of Petitions for England Ireland Wales and Scotland The Archbishop of Canterbury the Earl of Leicester Lord High Steward of England the Earl of Darby the Earl of Rutland the Bishop of Winchester the Bishop of Salisbury the Lord Howard of Effingham Chamberlain of the Queens House the Lord Gray of Wilton the Lord North. All these or any four of them calling unto them the Lord Keeper of the Great Seal the Lord Treasurer and also the Queens Serjeants at their leisure to meet and hold their place in the Chamberlains Chamber Triors of Petitions for Gascoigne and the Countries beyond the Seas and 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 Norwich the Bishop of Chester the Bishop of Rochester the Lord Cobham the Lord Lumley and the Lord Buckhurst All these or four of them calling to them the Queens Serjeants and the Queens Attorney and Sollicitor to hold their place when their leisure did serve to meet in the Treasurers Chamber Breve returnatum which was returned this Morning quo Johannes Episcopus Gloucestren praesenti Parliamento interesse summonitus fuit qui admissus est ad suum praeheminentiae sedendi in Parliamento locum salvo jure alieno Dominus Cancellarius continuavit praesens Parliamentum usque in diem crastinum horâ nonâ On Tuesday the 24 th day of November the Lords met in the Upper House but nothing was done saving the continuance of the Parliament by the Lord Chancellor until nine of the Clock the next Morning On Wednesday the 25 th day of November there was a like meeting of the Lords but nothing done saving the continuance of the Parliament by the Lord Chancellor unto two of the Clock in the Afternoon the day following But no presence of the Lords is noted on this day in the Original Journal-Book On Thursday the 26 th day of November the Commons having chosen their Speaker who upon his Presentment to the Queen was this day to be allowed of in the said place her Majesty Accompanied with divers of the Nobility came into the Upper House about three of the Clock in the Afternoon whose name and the names of such Lords Spiritual and Temporal as are marked in the Original Journal-Book of this Parliament to have been present this day do here ensue Regina Archiepiscopus Cantuar. Dominus Thomas Bromley Miles Cancellarius Archiepiscopus Eboracen Dominus Barleigh Dominus Thesaurarius Angliae Marchio Winton Comites Comes Oxon. Magnus Camerarius Comes Arundell Comes Kantiae Comes Darbiae Comes Wigorn. Comes Rutland Comes Cumberland Comes Sussex Comes Bathon Comes Pembrooke Comes Hartford Vice-Comes Mountague Vice-Comes Bindon Episcopi Episcopus London Episcopus Winton Episcopus Meneven Episcopus Sarisburien Episcopus Petriburgen Episcopus Norwicen Episcopus Roffen Episcopus Cestren Barones Dominus Howard Camerar Dominus Zouch Dominus Willoughbie Dominus Dacres Dominus Cobham Dominus Grey de Wilton Dominus Lumley Dominus Stourton Dominus Mountjoy
by the Lords before it was thus immediately returned a thing very observable and extraordinary within a short time after the Lords themselves had received it It appeareth also in the said Journal-Book that one Bill more concerning the good Government of the City of Westminster was sent up with certain amendments to the Lords from the House of Commons and that two other Bills whereof this very Bill concerning the City of Westminster was one and the Bill for the keeping of the County-Court at Morpeth and the Town of Anwicke in the County of Northumberland was the other had been this day sent down to the House of Commons from the Lords by Serjeant Rodes and M r Powle who thereupon did presently read them prima secunda tertia vice as the Lords it should seem led by their Example did the two Bills above-mentioned this same Morning afterwards and with some small alteration sent them up to the Lords All which matter is by the negligence of M r Mason at this time Clerk of the Upper House omitted in the said Original Journal-Book of that House and supplied out of the Original Journal-Book of the House of Commons pag. 166 167. Collected by M r Fulk Onslow at this time Clerk of the said House On Saturday the 27 th day of March the Bill for the maintenance of the Pier and Cobb of Lime-Regis in the County of Dorsett was read tertia vice conclusa The Petition also of the Lord Marquess of Winchester against M r Oughtred concerning certain Accompts by him to be made was this day read before the Lords Vide concerning this matter on Monday the 29 th day of this instant March following On Monday the 29 th day of March to which day the Parliament had been on Saturday last continued a Proviso to the Bill concerning the Pier and Cobb of Lime Regis added by the Lords was read tertia vice and then sent down to the House of Commons by M r Serjeant Rodes and M r Powle M r Oughtred appeared before the Lords The Lord Chancellor by the advice and consent of the said Lords asked the said Oughtred whether he meant to take the benefit of a Release heretofore mentioned The said Oughtred 〈◊〉 before the said Lords that he would 〈◊〉 advantage of any Release concerning 〈◊〉 sum of twelve thousand pound and more 〈◊〉 further that the said Release extended 〈◊〉 the said sum but to other accompts before 〈◊〉 time of his Executorship The Lord Chancellor demanded further of the said Oughtred 〈◊〉 would be contented that his said Speeches should be entred by the Clerk in the Journals of the House The said Oughtred Answered that he was very well pleased therewith Whereupon the Lord Chancellor Commanded that his said Speeches should be Registred Nota That this matter was formerly debated on Tuesday the 7 th day of March in the last Parliament de Anno 23 Reginae Eliz. and before also in this present Parliament on Tuesday the 9 th day of February last past and on Tuesday the 4 th day and on Saturday the 27 th day of this instant March foregoing and Committees were likewise appointed about it on the foresaid 9 th day of February being Tuesday Dominus Cancellarius continuavit praesens Parliamentum usque in horam secundam post meridiem About which hour the Lords meeting the Bill for the Queens Majesties most Gracious general and free Pardon lecta est quae commum omnium Proccrum assensu conclusa est data Servienti Rodes in Domum Communem deferend ' unà cum subsidio Temporalitatis Nota That the general Pardon passeth here upon the first reading There was also brought from the House of Commons two Bills of which the first was the Bill for the preservation of the Pier or Cobb of Lime Regis in the County of Dorset and the second being an Act for the preservation of Pheasants and Partridges with amendments was rejected for that they of the House of Commons had with their amendments taken away the principal intent of the Bill This Afternoon her Majesty Accompanied with the two Archbishops of Canterbury and York Sir Thomas Bromley Knight Lord Chancellor the Lord Burleigh Lord Treasurer of England the Lord Marquess of Winchester the Earl of Oxford and divers other Lords Spiritual and Temporal were personally present in the Parliament Chamber commonly called the Upper House who being all set in their Parliamentary Robes and the Knights Citizens and Burgesses of the House of Commons having notice thereof 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 after his humble reverence made and some expressions of his thankfulness to her Majesty he proceeded according to the usual course to desire her Majesty to give Life to such Laws by adding her Gracious Allowance unto them as had passed either House and remained as yet but as a dead Letter and withal gave her Majesty knowledge of the free gift of the House of Commons of one Subsidy and two Fifteenths and Tenths To which Speech of the said Prolocutors the Lord Chancellor by her Majesties commandment answered That she did graciously accept of the said gift of her Commons and was come thither to give her Royal assent to divers of those Laws which had passed the two Houses Then were the Titles of all the Acts read and first the Bill of Subsidy to which the Clerk of the Parliament standing up did read the Queens Majesties Answer in manner and form following La Royne remercie ses loyaulx Subjects accepte leur benevolence ainsi le veult The Clerk of the Parliament having read the Queens acceptance and thanks for the Subsidy given as aforesaid did then upon the reading of the Pardon pronounce in these French words following the thanks of the Lords and Commons for the same Les Prelates Seigneurs Communes en se present Parliment assembles au nom de touts vous autres Subjects remercient treshumblement vostre Majesty prient a Dieu que il vous done en sante bone vie longue Nota That her Majesties Answer to these two Acts of the Subsidy and Pardon do differ from all the rest to any other Bills because in the first is expressed her Majesties thanks to the Subjects and in the second the Subjects humble acknowledgment of her said Majesties Pardon as an act of her own free grace and goodness To every publick Act allowed by the Queen the Clerk of the Parliament reads in these French words following La Royne le veult To every private Act that passeth the said Clerk of the Parliament reads the Queens Answer in these French words following Soit fait come il est desire These two last Answers to the publick and private Acts that pass are to be written by the Clerk of the Parliament at the end of every Act. To such Acts as her Majesty doth forbear
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 Assoon 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 Sollicitor should hold their place when their leisure did serve them to meet in the Treasurers Chamber Then the Lords 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 Episcopi Meneven in quibus Procuratores suos constituit Johannem Archiepiscopum Cantuar. Johannem Episcopum London Thomam Episcopum Wintonien Item introductae sunt Literae procuratoriae Willielmi Episcopi Cestren in quibus Procuratorem suum constituit Johannem Episcopum Cantuarien Item introductae sunt Literae procuratoriae Hugonis Episcopi Bangor in quibus Procuratores suos constituit Johannem Episcopum Cantuarien Willielmum Dominum Burleigh Thesaurarium Item introductae sunt Literae procuratoriae Johannis Episcopi Carliolen in quibus Procuratorem suum constituit Edwinum Archiepiscopum Ebor. Nota That these were all the Extraordinary or unsual Proxies that are entred in the Original Journal-Book of the Upper House to have been returned this Parliament For whereas the Spiritual Lords do for the most part constitute two Proctors and the Temporal Lords but one and those likewise of their own Order here the Bishop of S t Davids 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 Majesties 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 stiled the Lords Lieutenants These with divers other Lords 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 behaviour the last Parliament in the Execution of this very place was alledged 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 erre in the report or carriage of any thing Whereunto the Lords Commissioners by the Lord Chancellor answered That the said House of Commons and himself should enjoy and use such Priviledges 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 usque in diem Veneris prox horâ octavâ On Friday the 4 th day of November the Lords 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 Lords the foul and indirect dealings practised by the Queen of Scots against her Majesty and the whole Realm notwithstanding so many great benefits and favours 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 Soveraign Lady since the beginning of her Reign were more fully dilated Dominus Cancellarius continuavit praesens Parliamentum usque in diem Lunae horâ octavâ On Monday the 7 th day of November while the Lords were debating the matter of the Queen of Scots the House of Commons came up and desired a Conference with some of the Lords 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 Lords 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 usque 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 usque 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
it is in defence of the Religion of God of our most gracious Soveraign and of our natural Country of our Wives our Children our Liberties Lands Lives and whatsoever we have Wherefore not mistrusting your forwardness that I may not offend in too much enlarging of this point as a poor remembrance of her Majesty I shortly say to your Lordships quod justum est necessarium est nothing can be more just than this War nothing ought to seem more necessary than carefully to provide due maintenance for the same And to you of the House of Commons to the end you may orderly proceed and wisely consult of these weighty Causes delivered unto you her Majesties pleasure is you should according to your accustomed manner go down to the Lower House and there make choice of some grave wise and Learned man among you to be your Speaker who shall be for an understanding sufficient and for discretion fit as your Mouth to signify your minds and to make your Petitions known to her Highness and him on Thursday next to present in this place Nota that this foregoing Speech of the Lord Keeper is not found in the Original Journal-Book of the Upper House but is supplied by me out of a Copy thereof lying by me which I conceive to have been very truely transcribed out of the Original and I have always conceived it most proper to refer this and such like other Speeches if warranted by any good authority to the Journal of the said Upper House because they are delivered in it and only for Order sake to have some short Memorial thereof in the Journal of the House of Commons As soon as the Lord Keeper had ended his Speech and the Knights Citizens and Burgesses were departed down to their own House the Clerk of the Upper House read the Names of the Receivers and Triers of Petitions in French which were as followeth viz. Receivers of Petitions for England Ireland France and Scotland Sir John Popham Lord Chief Justice John Clinch one of the Justices of the Kings Bench Francis Gaudy one of the Justices of the said Bench Dr. Carew and Dr. Stanhop Receivers of Petitions for Gascoigne and other Lands and Countries beyond the Seas and the Isles Sir Edmund Anderson Knight Lord Chief Justice of the Common Pleas Sir Willam Perriam Knight Lord Chief Baron Thomas Walmesley one of the Justices of the said Common Pleas Dr. Lewen and Dr. Cousins and they who will deliver Petitions to deliver them within six days Tryers of Petitions for England Ireland Wales and Scotland The Arch-Bishop of Canterbury the Marquess of Winchester the Earl of Sussex great Marshal the Earl of Nottingham Lord Steward of the Queens Household and Lord Admiral of England the Bishop of London the Bishop of Winchester the Lord Cobham and the Lord North. All these Lords and Prelats or any four of them calling unto them the Keeper of the Great Seal and the Lord Treasurer and also the Queens Serjeants shall hold their place when their leisure serveth in the Chamberlains Chamber Tryers of Petitions for Gascoigne and other Lands and Countries beyond the Seas and the Isles The Earl of Oxford Great Chamberlain of England the Earl of Shrewsbury the Earl of Huntington the Bishop of Rochester the Bishop of Worcester the Lord Hunsdon Lord Chamberlain to the Queen the Lord Lumley and the Lord Buckhurst All these Lords and Prelats or any four of them calling unto them the Queens Serjeants and also the Queens Attorney and Sollicitor when their leisure serveth shall hold their place in the Treasurers Chamber The Lord Burgh absent being at this time Lord Deputy of Ireland The Lord De la Ware absent because he made question of his place intending to make Suit to the Parliament concerning the same Dicto 24 o die Octobris viz. Primo die hujus Parliamenti Introductum est breve quo Archiepiscopus Eboracen ' praesenti Parliamento interesse summonebatur admissas est ad suum praeheminentiae sedendi in Parliamento locum salvo jure alieno 〈◊〉 brevia introduct sunt 4. Comitibus 10. Episcopis 5. Baronibus Dominus Custos magni Sigilli ex mandato Dominae Reginae continuavit praesens Parliamentum usque in diem Jovis proximum futurum viz. 27 diem Octobris On Thursday the 27 th day of October the Queens Majesty repaired in the-Afternoon to the Upper House of Parliament accompanied with divers Lords Spiritual and Temporal who attended her Majesty this said day in the House being for the most part the same that are mentioned to have been present there on Monday the 24 th day of this instant October foregoing Of which the Knights Citizens and Burgesses of the House of Commons having notice M r Serjeant Yelverton being chosen Prolocutor or Speaker of the said House was by them brought into the Upper House and by the hands of Sir William Knolles Controller of her Majesties Houshold and Sir John Fortescue Chancellor of the Exchequer presented Who by a Speech full of Gravity and Modesty signifying the accomplishment of the Duty of the House of Commons in making an Election but excusing himself by pretence of many disabilities and imperfections and wishing earnestly he were of sufficiency to perform the Duty of that place made humble Suit to her Majesty that he might be discharged and that the said House of Commons might proceed to a new Election Which excuse was not allowed by her Majesty as the Lord Keeper delivered by Answer but the choice of the said M r Yelverton was by her Majesty very well approved and his sufficiency much commended He then proceeded in another Speech according to the manner to undertake that charge and to present to her Majesty in the behalf of the said House of Commons certain humble Petitions for access unto her Majesty in the behalf of the said House upon needful occasions and for the using and enjoying such Liberties and Priviledges as in former times had been granted and allowed by her Majesties Progenitors and her self Whereunto her Majesty making Answer by the Mouth of the Lord Keeper did yield her Gracious Assent with admonition that the said Liberties and Priviledges should be discreetly and wisely used as was meet Dominus Custos magni Sigilli ex mandato Dominae Reginae continuavit praesens Parliamentum usque in diem quintum Mensis Octobris On Saturday the 5 th day of November the Bill for the speedy satisfaction of her Majesty against Accomptants was read primâ vice Introductum est breve Thomae Domini Gray de Wilton quo praesenti Parliamento interesse summonebatur admissus est ad suum praeheminentiae sedendi in Parliamento locum salvo jure alieno The Earl of Lincoln's excuse by reason of sickness presented by the Lord Treasurer Thomas Lord de la Ware having petitioned the Queens Majesty for his Ancient and right Place of Precedence in and amongst the Peers in Parliament and her Majesty well allowing his said
Petition by her Commandment and direction it was sent unto the Lords into the Upper House by Sir Robert Cecill then her Majesties Secretary and endorsed on the back side thus in his own hand Her Majesty hath commanded me to signifie unto your Lordships that upon the humble Suit of the Lord de la Ware she is pleased this Petition be considered and determined in the House Robert Cecill Which Petition being this 5 th day of November sent unto the House was there read as followeth To the Queens most Excellent Majesty BEseecheth your most Excellent Majesty your most humble Subject Thomas le Ware K r That whereas Thomas sometimes Lord Le Ware Ancestor and great Grandfather of your said Subject whose Heir Male he is That is to say your Subject is Son and Heir to William who was Son and Heir to George who was Brother and Heir to Thomas who was Son and Heir to the said Thomas your Subject's great Grandfather in the third year of the Reign of King Henry the Eighth your Noble Father by Writ of Summons of Parliament of the said King Henry the Eighth came to the Parliament then holden at Westminster in the said third year and so continually the said Thomas the great Grandfather and his Heirs Males Ancestors of your Suppliant in many other Parliaments holden as well in the time of the said King Henry the Eighth as in the time of your Noble Brother King Edward the Sixth and in the time of your Dear Sister Queen Mary have come in their proper persons by their Writs and Commandment until the Parliament holden at Westminster in the first and second years of King Philip and Queen Mary which was after the Death of the said Thomas your Suppliants great Grandfather and of Thomas his Son that had not any Issue of his Body and of the said George who died in the Life of his Brother Thomas the said William Father of your Suppliant being the Son and Heir of the said George and Heir Male to his said great Grandfather to which Parliament he was not summoned for that he stood by Act of Parliament holden before at Westminster in the third year of the said Edward the Sixth disabled to claim and enjoy the dignity of the Seigniory of the Lord La Ware during his Life and the said William being now dead your said Suppliant is come to this present Parliament in his proper person by your Writ and Commandment May it please your most gracious Majesty to consider the Premisles and thereupon to Grant and Ordain by advice of your most wise Council in this present Parliament Assembled That your said Suppliant may have his place in this present Parliament in your presence as his Ancestors Lords La Ware have had in the said Parliament before this time This Petition being read it was referr'd to these Committees following viz. The Lord Treasurer the Earl of Nottingham Lord Admiral the Earl of Shrewsbury the Lord Bishop of London the Lord Bishop of Winton the Lord Zouch the Lord Stafford the Lord Windsor the Lord Shefsield the Lord North the Lord S t John of Bletso the Lord Buckhurst Sir Edmund Anderson Knight Lord Chief Justice of the Common-Pleas Sir William Perriam Lord Chief Baron and Edward Coke the Queens Attorney who were appointed to meet at the Council-Chamber in Whitehall on Sunday the 6 th day of November at two of the Clock in the Afternoon Where what they did and what Judgment the Lords and the whole House gave in this Case followeth afterwards on Thursday the 10 th of this instant November and on Monday the 14 th day of the same On Monday the 7 th day of November to which day the Parliament had been last continued the Bill for the speedy satisfaction of her Majesty against Accomptants was read secundâ vice and committed unto the Lord Archbishop of Canterbury the Lord Treasurer the Lord Admiral the Earl of Northumberland the Earl of Shrewsbury and the Earl of Worcester the Bishop of London the Bishop of Winchester and the Bishop of Norwich the Lord Zouch the Lord North and the Lord Buckhurst the Lord Chief Justice of England M r Baron Evans and M r Attorney General to attend the Lords appointed to meet at the Little Council-Chamber at Whitehall to Morrow being the 8 th day of November at four of the Clock in the Afternoon See more of this on Monday the 14 th of November following Nota That here upon the Commitment of an ordinary Bill the Judges are said to be appointed to attend the Committee of the Lords and are not nominated as Joint-Committees with them which is usually to be seen in every former Parliament almost of her Majesties Reign and therefore it should seem that either the Lords of the Upper House themselves did alter and abolish the said ancient Priviledges which the Judges had of being constituted Joint-Committees with them in respect that they were no Members of but only Assistants unto the said Upper House or else that Thomas Smith Esquire now Clerk of the said House was more careful and diligent in the distinct and exact setting down that the said Judges were not nominated as Joint-Committees but only to attend such Lords Committees as were appointed by the said House which Anthony Mason Esquire his Predecessor in the said place had for the most part neglected to distinguish And yet the said M r Mason may in some sort be justly excused of any universal or continual carelessness in this kind in respect that where the Lords Committees were appointed either to treat with the Committees of the House of Commons or by themselves about any matter of weight there the Judges and her Majesties Learned Councel are always set down as appointed to attend the said Lords Committees But when an ordinary Bill only was committed upon the second reading and especially if it concerned matter of Law there the Judges for the most part and sometimes also the Queens Learned Councel were nominated as Joint-Committees with them But whatsoever the usage hath been in former times most certain it is that not only in this present Parliament but in all that have been since unto this present year 1629. the said Judges being Assistants unto and the King 's Learned Councel being Attendants upon the said Upper House have never been nominated as Joint-Committees with their Lordships but have always been appointed to attend them And which may make it seem the more strange Whereas the Judges have liberty in the said Upper House it self upon leave given them by the Lord Keeper or the Lord Chancellor for the time being to cover their heads at a Committee they are now always accustomed to sit bare and uncovered which said course finally was constantly observed during all the continuance of this present Parliament as may appear not only by the instance foregoing but by those many other Committees which followed on Thursday the 24 th day of this instant November on
sent to the House of Commons by M r Attorney and M r D r Carew The Bill for the relief of the poor in times of extream dearth of Corn was read secunda vice and referr'd to these Committees following viz. The Lord Archbishop of Canterbury the Lord Burleigh Lord Treasurer the Earl of Nottingham Lord Admiral of England the Earl of Northumberland the Earl of Shrewsbury the Earl of Worcester the Earl of Southampton the Bishop of Winchester the Bishop of Coventry and Litchfield the Bishop of Hereford the Bishop of Bath and Wells the Bishop of Norwich the Bishop of Chester the Lord Hunsdon Lord Chamberlain the Lord Zouch the Lord De la Ware the Lord Cobham the Lord Mountjoy the Lord Darcy the Lord Windsor the Lord North the Lord Chandois the Lord S t John the Lord Buckhurst The two Chief Justices the Lord Chief Baron M r Justice Gaudy M r Serjeant Drew and M r Attorney General to attend the Lords Vide plus antea November 7 th Monday These Committees to meet at the little Council Chamber at the Court of Whitehall on Saturday next being the 10 th day of this instant December at two of the Clock in the Afternoon The Bill for erecting of Houses of Correction and for punishment of Rogues Vagabonds and Sturdy Beggars was read secunda vice and referr'd to the Committees for the former Bill and the same time and place appointed for meeting And also Authority was given to the said Committees to call such of the House of Commons unto them at this meeting as they should find cause to confer withal for the better perfecting of the Bill Three Bills also of no great moment had each of them one reading of which the last being the Bill for Arthur Hatch her Majesties Ward for the enjoying the Rectory or Parsonage of South Molton according to an Agreement thereof had c. was read secundâ vice Upon which reading it was Ordered that all parties whom this Bill may concern either on the part of M r Hatch or against him shall be heard openly in the House upon Monday next the 12 th day of this instant December by their Councel Learned and all specialties concerning the same to be then produced to the end it may be considered whether it shall be convenient to pass this Bill or no M r Serjeant Drew and M r Attorney being appointed by the Lords to inform themselves against that time whether any thing be contained in the Bill that may prejudice the poor Knights of Windsor and to make Report thereof accordingly on the part of the said poor Knights Vide December 12 th postea The Bill lastly for the establishing of the Possession of Sir Henry Unton Knight lately deceased and for payment of his Debts was read secunda vice A Motion was made by some of the Lords and approved by the House that there should be respite of some days taken before the third reading for any such Party or Parties as the Bill concerneth and namely any of the Wentworths to come to the House and alledge if they find cause why the Bill should not proceed And the next Tuesday was assigned for this purpose 〈◊〉 〈◊〉 the Knight Marshal's Man that arrested John York the Lord Archbishops Servant was brought before the Lords this day by the Serjeant at Armes and being found upon his Examination before the Lords to have wilfully offended therein against the priviledge of the House was committed to the Prison of the Fleet there to remain till their Lordships should give direction for his enlargement Vide concerning this matter on Wednesday the 14 th day of this instant December following On Friday the 9 th day of December Four Bills of no great moment had each of them one reading of which the first being the Bill for establishing of the Hospital of Queen Elizabeth in Bristol and for relief of the Orphans and Poor there was read secundâ vice upon the reading whereof some Amendments were thought sit by the House to be added which were presently drawn and agreed upon by the same House which being twice read the Bill with the said Amendments were Ordered to be ingrossed Seven Bills were brought up to the Lords from the House of Commons of which the first being the Bill that the Lord Mountjoy may dispose of his Lands whereof he is Tenant in Tail by the Laws and Statutes of this Realm as other Tenants in Tail may do a private Statute made 27 Hen. 8. to the contrary notwithstanding was with three other of the said Bills being of no great moment read primâ vice The fifth was the Bill for repairing the Bridges of Newport and Carlioll in the County of Monmouth The sixth was for the establishing the Town Lands of Wanting in the County of Berks which Bill was returned with allowance of the Proviso so added by their Lordships after the same was presented by the House of Commons And the seventh and last was the Bill for the establishment of the new Colledge of the poor at Cobham in the County of Kent which was returned into the House without any Alteration On Saturday the 10 th day of December Three Bills of no great moment were each of them read tertiâ vice of which the first being the Bill for the erecting of Hospitals or abiding and working Houses for the Poor with another Bill of no great consequence which had been formerly sent up from the House of Commons to their Lordships were now with some Amendments sent down again from them to the said Commons by Serjeant Drew and Doctor Stanhop The Bill Entituled An Act against Forestallers Regraters and Engrossers was returned into the House by the Committees who were appointed on Monday the 15 th day of this instant December foregoing although their names and the Commitment of the said Bill upon the second reading be there omitted as a matter of small consequence with some Amendments which were twice read and Ordered to be ingrossed Three Bills of no great moment had each of them one reading of which the first being the Bill that the Lord Mountjoy may dispose of his Lands as other Tenants in Tail by the Laws and Statutes of this Realm may do a private Statute made An. 27 H. 8. to the contrary notwithstanding was secunda vice lect Upon the Motion of the Lord Marquess of Winchester It was Ordered that the Cause should be heard openly in the House upon Monday Morning next by the Learned Councel on both sides Vide Decemb. 12. sequen Three Bills also of no great moment were sent up to the Lords from the House of Commons of which the first was the Bill for the better and safer recording of Fines to be levied in the Court of Common Pleas and was returned and allowed by the said House of Commons without any Alteration On Monday the 12 th day of December to which day the Parliament had been last continued on Saturday foregoing a Motion and request was
had by the House of Commons and delivered by M r Secretary accompanied with many others for a Conference to be had concerning the Bill intituled An Act concerning Tellors Receivors c. Whereupon the House nominated the Lord Burleigh Lord Treasurer the Earl of Nottingham Lord Admiral and divers other Lords both Earls Bishops and Barons as Committees to confer with such a number of the House of Commons as should confer with the Lords touching the said Bill The Lord Chief Justice of England the Lord Chief Justice of the Common Pleas the Lord Chief Baron M r Serjeant Drew and M r Attorney being appointed to attend the Lords and the meeting to be at the great Councel Table at the Court at Whitehal to Morrow being the 13 th day of this instant December at two of the Clock in the Afternoon Two Bills of no great moment had each of them one reading of which the first concerning Stains Bridge was read tertiâ vice expedit The Councel on both parties viz. for Arthur Hatch on the one part and of the Dean and Chapter of Windsor of the other were admitted to publick hearing in the House And thereupon the Bill of Arthur Hatch was referred to Committees being Peers and Members of the House and the Lord Chief Justice of England and M r Attorney to attend their Lordships Vide concerning this matter on Thursday the 8 th day of this instant December foregoing The Councel on both parts for the Lord Marquess of Minchester on the one part and the Lord Wountjoy of the other were admitted to publick hearing in the House And thereupon no just cause to hinder or stay the proceeding of the Bill appearing the same was commanded to be read the third time and so was expedited Vide touching this business on Saturday the 10 th day of this instant December foregoing The Committees upon the Bill to enable the owners of Gavelkind Lands in the County of Kent to alter the said Custom who were appointed on Saturday the 10 th day of this instant December foregoing although their names and the Commitment of the said Bill upon the second reading be there purposely omitted as matter of small consequence returned the same to the House without alteration On Tuesday the 13 th day of December Three Bills of no great moment had each of them one reading of which the first being the Bill for enabling of Edmund Mollineux Esquire to sell Lands for the payment of his Debts and Legacies was read secunda vice and committed unto the Earl of Shrewsbury and others and M r Justice Gaudie and M r Serjeant Crew to attend their Lordships Which Committees were Ordered to meet at the Earl of Lincolns House in Cannon Row on Thursday next by two of the Clock in the Afternoon Two Bills were sent up to the Lords from the House of Commons of which the second being the Bill for relief of the poor was read primâ vice Four Bills also of no great moment had each of them one reading of which the first being the Bill against Forestallers Regraters and Ingrossers was read tertiâ vice and sent down to the House of Commons by M r Serjeant Drew and M r Doctor Stanhop for their consideration of some Amendments The Bill giving power and liberty to Sir John Spencer Knight Mary his Wife and Robert Spencer Esquire their Son to alienate certain Mannors and Lands in the County of Dorset and Bedford was read secunda vice And thereupon two Letters from the Lady Spencer to the Lord Chamberlain were read in the House signifying her pleasure and consent to the Bill The Bill for explanation of the Statute made in the 5 th year of her Majesties Reign concerning Labourers was read secundâ vice And a motion being made in the House for some Amendent of the Bill the Amendment was presently agreed on in the said House On Wednesday the 14 th day of December Three Bills of no great moment had each of them one reading of which the first being the Bill for explanation of the Statute made in the 5 th year of her Majesties Reign concerning Labourers was read tertiâ vice and thereupon was sent down to the House of Commons from whence it had been formerly brought up to their Lordships with some Amendments added thereunto by M r Attorney and D r Stanhop The Bill for the grant of three Subsidies and six Fifteenths and Tenths was brought up to the Lords from the House of Commons by M r Comptroller and others This day Order was given for the release of M r Wood out of the prison of the Fleet at whose Suit the Lord Chandois his Servant called Edward Barston was arrested so as he make satisfaction unto the said Barston of such charges as he was at by means of that Arrest Vide concerning this matter on Saturday the 26 th day of November foregoing as also on Thursday the first day Saturday the third day and on Monday the 5 th day of this instant December last past The like Order taken for the enlargement of William Cole that arrested John Yorke the Lord Archbishops Servant paying only the Fees of the Fleet. Vide touching this business on Thursday the eighth day of this instant December foregoing Certain Amendments were thought fit by the Committees to be added to the Bill intituled An Act for erecting of Houses of Correction and punishment of Rogues Vagabonds and Sturdy Beggers which Amendments were twice read and upon consideration of the same direction was given to some of the said Committees viz. the Lord North the Lord S t John and the Lord Buckhurst to review the said Amendments for reformation of some defects found therein by the House and the Lord Chief Justice of England appointed to attend them On Thursday the 15 th day of December Three Bills of no great moment had each of them one reading of which the first being the Bill for grant of three Subsidies and six Fiftenths and Tenths was read prima vice Six Bills were brought up to the Lords from the House of Commons of which the first was the Bill for establishing the Hospital of Queen Elizabeth in Bristol for relief of the Orphans and Poor there and was returned with allowance of the Amendments Certain Articles were presented in writing by the House of Commons touching their opinions and objections concerning the Bill of Tellors and Receivors which were delivered to M r Attorney to the end he might confer with the Judges upon the same and make Report to the Lords The Bill for Arthur Hatch her Majesties Ward was returned into the House by the Lord Treasurer first of the Committees who said that there were in the Bill certain Points that could not be well reformed whereupon motion was made to the House upon agreement amongst the Committees that the proceeding in this Bill might cease and that another course might be taken by way of Composition betwixt the Dean and Chapter of Windsor and
foregoing The Bill for the establishing of the Bishoprick of Norwich and the Possessions of the same against a certain concealed title made thereunto was read secunda vice Upon this reading it was Ordered by the Lords that all parties whom this Bill may concern should be openly heard in the House upon Saturday next in the Morning being the 14 th day of this instant January to the end it might be considered whether the same may justly pass without prejudice to the said parties and George Lester then to be warned to attend Vide concerning this matter on Monday the 14 th day of December foregoing as also on Saturday the 14 th day Monday the 16 th day and Tuesday the 17 th day of this instant January following Another Bill also of no great moment touching Clothiers was read secunda vice and referr'd to Committees Vide plus de ista materia die sequente Certain Amendments were offered unto the House by the Committees upon the Bill Intituled An Act for the Naturalizing of certain Englishmens Children and others born beyond the Seas Which Amendments were presently twice read And thereupon both the Bill and the Amendments were read the third time and returned unto the House of Commons by M r Serjeant Drew and M r D r Carew On Friday the 13 th day of January the Bill concerning a Lease of great yearly value procured to be passed from her Majesty by William Kirkham was read primâ vice The said Kirkham and Ambrose Willoughby Esq are to be warned to attend the Lords on Monday Morning next being the 16 th day of this instant February at which time it is appointed that the said Bill shall be read the second time Vide touching this matter on Monday the 16 th day and Tuesday the 17 th day of this instant January following The Bill against deceitful stretching and tentering of Northern Cloth was read secundâ vice and committed to the Earl of Shrewsbury Viscount Bindon the Bishop of London the Bishop of Bath and Wells and the Bishop of Norwich the Lord Zouch and the Lord Buckhurst and the Lord Chief Baron M r Justice Owen and M r Baron Evers to attend their Lordships Vide concerning this attendance of the Judges on Monday the 7 th day of November foregoing The same Committees time and place appointed upon the Bill for the relieving of Clothiers concerning the weight of short broad and coloured Cloths c. the former Committees being part of this number having not had time to perfect the same who had been appointed yesterday Three Bills of no great moment had each of them one reading of which the last being the Bill to preserve the property of stoln Horses in the true Owners of Vouchers in sale of Horses in Fairs and Markets was read tertia vice and refused The Bill concerning the recovery and draining from the water certain overflown grounds in the County of Norfolk was read secundâ vice and referr'd to the same Committees upon the Bill formerly read of that kind concerning three hundred thousand Acres c. whose names see before on Wednesday the 11 th day of this instant January foregoing with Addition of the Lord S t John and M r Attorney to attend appointed to meet at the same time and place c. And such parties as the same may concern to be warned to attend also On Saturday the 14 th day of January certain Objections unto the Bill Intituled An Act for the increase of people c. were set down in writing by M r Attorney General and brought into the House by the Archbishop of Canterbury the first of the Committees And the same was sent to the House of Commons for their consideration thereof according to a Proviso made by their Lordships to the Select Committees of the House of Commons at the meeting yesterday about that Bill by Mr. Attorney General and Dr. Stanhop Vide concerning this matter on Thursday the 12 th day of this instant January foregoing as also on Friday the 20th day of the same Month following Upon Motion made by the Lord Archbishop that the Committees for the Bill of Tillage had not time to perfect the same at the meeting formerly Assigned It was Ordered by the House that the said Committees should meet again about it at the great Council Chamber c. The like Motion was made touching the Bill of Broakers and Pawn takers and the like Order Certain Knights and Burgesses of the House of Commons sent to the Lords to desire a Conference with a competent number of that House concerning the Amendments and Provisoes added to the Bill Intituled An Act for erecting of Houses of Corrections and punishment of Bogues Vagabonds and Sturdy Beggars Whereupon choice was made of the Lord Archbishop the Lord Admiral the Earl of Shrewsbury and the Bishop of Winchester being part of the number formerly appointed upon that Bill the three Chief Justices Mr. Serjeant Drew and Mr. Attorney to attend And the same presently signified to the said Knights and Burgesses but with this caution That whatsoever had been amended or added by their Lordships could not now be altered by the Orders of the House Howbeit to yield the House of Commons satisfaction of the reasons that moved their Lordships to make those Amendments they assented to the Conference and the meeting was appointed to be in the outward Chamber of the Upper House of Parliament on Monday the sixteenth day of this instant January following by eight of the Clock in the Morning On which said Monday see more of this matter The Bill for reforming of sundry abuses committed by Souldiers and others used in her Majesties services concerning the Wars was read primâ vice The Councel Learned as well on the part of the Bishop of Norwich and his Tenants as on the part and behalf of George Lester were heard openly in the House but for the present no further Order or proceeding therein Vide touching this business on Tuesday the 20 th day of December last past and on Thursday the 12 th day of this instant January foregoing as also on Monday the 16 th day and Tuesday the 17 th day of the same Month next ensuing The Earl of Essex not able to attend for want of health was certified by the Lord North. The Bishop of Landaff absent by reason of sickness signified by the Bishop of Chester On Monday the 16 th day of January to which day the Parliament had been last continued on Saturday foregoing Two Bills had each of them one reading of which the second being the Bill for confirmation of Statutes Merchant acknowledged in the City of Lincoln and the Town corporate of Nottingham was read secundâ vice and committed unto the Lord Treasurer of England the Earl of Essex Earl Marshal the Earl of Nottingham Lord Admiral the Earl of Northumberland the Earl of Shrewsbury the Bishop of Winchester the Bishop of Bath and Wells the Bishop of Chester the Lord
11 th day of this instant January foregoing were appointed to be brought into the House to Morrow Morning by the Lord Chief Justice of England The Lord Buckhurst signified That upon a Letter written unto him by the Lord Marquess of Winchester notifying his present sickness whereby he was not able to give his Attendance as yet the said Lord Buckhurst having moved her Majesty therein according to the request of the said Lord Marquess it pleased her Majesty to hold him excused for the present until his recovery and commanded that he should then give his Attendance On Thursday the 19 th day of January the Bill for reforming of certain abuses touching Wine Casks was read secundâ vice and commited unto the Lord Burleigh Lord Treasurer the Earl Marshal the Earl of Nottingham Lord Admiral the Bishop of Rochester the Bishop of Chichester the Lord North the Lord Buckhurst the Lord Howard of Walden and M r Justice Owen and M r Serjeant Drew to attend their Lordships Vide concerning this attendance of the Judges on Monday the 7 th day of November foregoing which said Committees were appointed to meet at the little Council Chamber at the Court at Whitehall at three of the Clock in the Afternoon Certain Amendments and a Proviso was brought into the House and delivered by the Archbishop of Canterbury the first of the Committees upon the Bill of Maintenance of Husbandry c. and the same being twice read were commanded to be ingrossed Answer was returned in writing from the House of Commons and delivered by certain Knights and Burgesses sent for that purpose unto the Objections taken by their Lordships to some Points of the Bill intituled An Act for the increase of People for the service and defence of the Realm which objections were also formerly delivered unto them in writing upon their request made unto their Lordships Certain selected Persons of the House of Commons viz. Sir William Knolls and Sir Edward Hobby Knights with divers others coming from the said House of Commons in delivered a Message signifying that the said Knights and Burgesses desired to receive satisfaction from the Lords concerning an Innovation as the said Knights and Burgesses supposed very lately begun in the Upper House in delivering of an Answer from the Lords by the Mouth of the Lord Keeper in other form and manner than was pretended by the Knights and Burgesses to have been in former times used and as they did interpret it to the prejudice and derogation of the liberty of the House of Commons For whereas on the fourteenth day of this instant January foregoing Sir Walter Raleigh Knight with divers others of the said House of Commons were sent up to the Lords to deliver a certain Message to the House after Consultation had thereon by the Lords and after signification given to the said Sir Walter Raleigh and the rest staying in the outward Room for Answer that they might come in to receive the same it was thought meet that the Lord Keeper should deliver the said Answer sitting in his place and all and every of the Lords keeping their places and not going down to the Bar as the use and form is when the Lords either receive Bills or Message from the House of Commons and as the Lord Keeper had done once or twice before by Error or not attending the Formality and Order of the House in that Point This was the Exception taken by the Message delivered this day from the Knights and Burgesses of the same House of Commons wherein they desire to receive satisfaction as is before mentioned Upon which Message the Lords having consulted and delivered their Opinions touching the said Order and Custom of the House as it had been observed and particularly noted and remembred by some of them that were the most ancient and of longest continuance in Parliaments and especially by the Lord Burleigh Lord Treasurer the most ancient Parliament man of any that were at that time present either of the Upper House or House of Commons and likewise by the Lord Archbishop of Canterbury and by the Lord Admiral the Lord North the Lord Buckhurst and others that had been present in many Parliaments It was resolved that the Order and usage of the House was and is That when any Bills or Messages be brought from the House of Commons to be preferred to the Upper House the Lord Keeper and the rest of the Lords are to arise from their places and to go down to the Bar there to meet such as come from the said House of Commons and from them to receive in that place their Messages or Bills But contrariwise when any Answer is to be delivered by the Lord Keeper in the name and behalf of the House to such Knights and Burgesses as came from the House of Commons the said Knights and Burgesses are to receive the same standing towards the lower end of the said Upper House without the Bar and the Lord Keeper is to deliver the same sitting in his place with his head covered and all the Lords keeping their places and that whensoever it had been otherwise done it had been by error and mistaking and therefore not to be drawn into an Example or Precedent as it was acknowledged by the Lord Keeper this day and the rest of the Lords that the going of the said Lord Keeper and the rest of the Lords from their places to the Bar some few days before once or twice to give Answer to some of the House of Commons whereof the said House of Commons seemed to take some advantage was only by miscognizance or rather for want of due remembrance at that present of the Order and Custom of the House whereunto their Lordships having regard rather to dispatch of matters of importance in the House than to formalities were not greatly intentive This to have been the ancient usage of the House and that the same ought still to be was concluded by common and general consent both upon particular remembrances and observations of the like course and Order holden aforetime by other Lords that held the place in the House of Lord Chancellor or Lord Keeper and also by divers reasons produced and alledged to prove and shew that the said Order doth best stand with the dignity and gravity of the House and with the conveniency and aptness for dispatch of affairs appertaining to the Parliament and that the contrary course is both undecent and inconvenient This being so resolved and concluded it was agreed that M r Attorney General and Mr. Serjeant Drew should go down to the House of Commons and signify from the Lords to the Knights and Burgesses That if they would send any of that House up to the Lords to receive Answer unto their aforesaid Demands Answer should be given them Whereunto the said Knights and Burgesses returned signification of their assent by the said M r Attorney General and M r Serjeant Drew And in very little time after sent up
Trust touching Lands given to Charitable uses was returned to the House by the Archbishop of Canterbury the first of the Committees with some Amendments and a Proviso thought meet to be added which were twice read and thereupon Commandment given that the said Amendments should be written in Paper and the Proviso engrossed in Parchment ready for a third reading Upon a Motion by the Earl Marshal that the Committees in the Bill against lewd and wandring persons who were appointed Yesterday had not convenient time this Morning to perfect the said Bill according to the Order of the House agreed upon Yesterday their Lordships appointed the said Committees to meet again about the same to Morrow Morning before the House sit The Bill entituled An Act for the encrease of people for the service and defence of the Realm was returned to the House by the Earl of Shrewsbury the first of the Committees And because it seemed to all the Committees appointed for this Bill together with the Judges that notwithstanding the Conference with divers selected persons of the House of Commons this Bill could not proceed Order was given to the Judges and especially to the Lord Chief Justice to draw a new Bill Whereupon this new Bill following was brought into the House The Bill against decaying of Towns and Houses of Husbandry was read primâ vice The Bill against carrying of Pelts c. was returned into the House by the Earl Marshal Excuse was made by the Lord Admiral for the Earl of Hereford's absence for want of health The like excuse by the Lord Chandois for the Lord La Ware The Earl Marshal signified unto the House that the Lord Mordant and the Lord Sheffeild have leave of her Majesty for their absence On Friday the 27 th day of January Two Bills of no great moment had each of them one reading of which the first being the Bill to prohibit the carrying of Herrings beyond the Seas was read secundâ vice but no mention that it was committed The Bill against decaying of Towns and Houses of Husbandry was read secundâ vice Certain Amendments upon this Bill were drawn by the Lord Chief Justice and being allowed by the House were also twice read and thereupon the Bill with the said Amendments was commanded presently to be engrossed The Bill touching the making of short broad course coloured Cloths in the Counties of Suffolk and Essex was upon the second reading committed unto the Earl of Shrewsbury Lord Viscount Bindon the Lord Bishop of London the Bishop of Bath and Wells the Bishop of Norwich the Lord Hunsdon Lord Chamberlain the Lord Zouch the Lord Wharton the Lord Darcie of Chich and the Lord Buckhurst and the Lord Chief Justice of England the Lord Chief Baron M r Justice Owen and M r Baron Evers to attend their Lordships Two Bills lastly had each of them their third reading of which the first being the Bill to reform deceits and breaches of Trust touching Lands given to charitable uses with some Amendments was returned to the House of Commons by M r Serjeant Drew and M r Doctor Stanhop for their consideration of the said Amendments The Lord Treasurer took his place this day as Baron of Burleigh between the Lord Buckhurst and the Lord Compton The Lord Admiral took his place as Earl of Nottingham between the Earl of Lincoln and the Lord Viscount Bindon And the Lord Chamberlain his place as Baron of Hunsdon between the Lord Chandois and the Lord S t John of Bletso On Saturday the 28 th day of January the Bill for the lawful making of Bayes c. The Bill to restrain the excessive making of Malt and one other of no great moment were each of them read tertiâ vice and sent down to the House of Commons by M r Serjeant Drew and Doctor Carew The Bill for establishing a Jointure to Anne Lady Wentworth was read secunda vice and committed unto the Earl of Essex Lord Marshal the Earl of Northumberland the Earl of Shrewsbury the Bishop of Winchester the Bishop of Bath and Wells the Bishop of Norwich the Lord Chamberlain the Lord Zouch the Lord Cobham the Lord Sandes the Lord Chandois and the Lord Compton and M r Baron Clerke and M r Baron Evers or either of them to attend their Lordships The Bill lastly for confirmation of Statutes Merchants acknowledged in the Town Corporate of Newcastle upon Tine was read secundâ vice But no mention is made in the Original Journal-Book that this Bill was committed for at the next sitting viz. Die Lunae 30 o die Januarii the same Bill was read tertiâ vice and sent to the House of Commons by Doctor Carew and Doctor Stanhop On Monday the 30 th day of January to which day the Parliament had been last continued on Saturday foregoing the Bill for retailing Broakers and other Pawn-takers was returned to the House by the Lord Archbishop of Canterbury the first of the Committees And because the Committees found many defects therein so that they thought the same unfit to proceed they therefore together with the said Bill presented a new Bill intituled as the former which was read primâ vice The Bill touching the making of short broad course coloured Cloths which was committed on Friday the 27 th day of this instant January foregoing was returned to the House by the first of the Committees and therewithal because the same was by the said Committees thought defective a new Bill of the same title was likewise presented Two Bills of no great moment had each of them one reading of which the second being the Bill for confirmation of Statutes Merchant acknowledged in the Town Corporate of Newcastle upon Tine was read tertiâ vice and sent down to the House of Commons by D r Carew and D r Stanhop Seven Bills were sent up to the Lords from the House of Commons of which the fourth being the Bill against lewd and wandering persons pretending themselves to be Souldiers or Mariners was returned with the allowance of an Amendment which was added by the Lords Sir Robert Cecill and other Knights and Burgesses that brought the seven Bills last mentioned and moved the House for a Conference concerning the Bill sent from their Lordships Intituled An Act for reforming of sundry abuses committed by Souldiers and others used in her Majesties Services concerning the Wars to which Conference the Lords assented and the time and place appointed to Morrow in the Afternoon at the Great Council Chamber at the Court at Whitehall and the same Committees that were formerly appointed on Monday the 16 th day of this instant January foregoing and the Earl of Sussex the Earl of Shrewsbury the Earl of Rutland the Lord Zouch and the Lord Cobham were added unto them The Bill Intituled An Act for the enabling of Edmund Mollineux Esq to sell the Lands c. was returned to the House by the Earl of Rutland the first of the Committees or Arbitrators with Amendments which
brought him even made him one of the greatest Princes in Europe when her Majesties Forces there left him how again he was fain to Ransom a servile Peace at our enemies the Spaniards hands with dishonourable and servile Conditions For the Low-Countries how by her aid from a confused Government and State she brought them to an Unity in Counsel and defended them with such success in her Attempts against the greatest power of the Spaniards Tyrannical designs which have so much gauled him that how many desperate practices have been both devised consented to and set on foot by commandment of the late King his Father I need not shew you neither trouble you with Arguments for proof thereof being confessed by them that should have been Authors themselves But de mortuis nil nisi bonum I would be loth to speak of the dead much more to slander the dead I have seen her Majesty wear at her Girdle the price of her blood I mean Jewels which have been given to her Physicians to have done that unto her which I hope God will ever keep from her but she hath rather worn them in Triumph than for the price which hath not been greatly valuable Then he fell to perswade us because new occasions were offered of consultations to be provident in provision of means for our own defence and safety seeing the King of Spain means to make England miserable by beginning with Ireland neither doth he begin with the Rebels but even with the Territory of the Queen her self He shewed that Treasure must be our means for Treasure is the sinews of War Nota That the substance of this Speech is only here inserted as it was afterwards repeated in the said House upon Tuesday the third day of November which next ensued by Sir Robert Cecill her Majesties principal Secretary who had done it to satisfy divers Members of the same who could not get into the Upper House to hear it this first day of the Parliament as is aforesaid Now follow the Names of the Receivors and Tryors of Petitions out of the Original Journal-Book of the said House As soon as the Lord Keeper had ended his Speech and that such of her Majesties Privy-Council and others of the House of Commons as had privately got in and heard it were departed down to their own House Thomas Smith Esq Clerk of the Upper House read the Names of the Receivors and Triors of Petitions in French which were as followeth Receivors of Petitions for England Ireland Wales and Scotland Sir John Popham Knight Lord Chief Justice Francis Gawdy one of the Justices of the Kings Bench George Kingsmell one of the Justices of the Common Pleas D r Carew and D r Stanhop Receivors of Petitions for Gascoign and other Lands and Countries beyond the Seas and of the Isles Sir Edmund Anderson Knight Lord Chief Justice of the Common Pleas Sir William Perriam Knight Lord Chief Baron Thomas Walmesley one of the Justices of the Common Pleas D r Swale and D r Howard They who will deliver Petitions to deliver them within six dayes Triors of Petitions for England Ireland Wales and Scotland The Archbishop of Canterbury the Marquess of Winchester the Earl of Sussex Lord Marshal of England the Earl of Nottingham Lord High Admiral of England and Steward of the Queens House the Earl of Hartford the Bishop of London the Bishop of Durham the Bishop of Winchester the Lord Zouch and the Lord Cobham All these or any four of them calling unto them the Lord Keeper of the Great Seal and the Lord Treasurer and also the Queens Serjeants at their leisure to meet and hold their place at the Chamberlains Chamber Triors of Petitions for Gascoign and other Lands and Countries beyond the Seas and of the Isles The Earl of Oxford High Chamberlain of England the Earl of Northumberland the Earl of Shrewsbury the Earl of Worcester the Earl of Huntington the Bishop of Rochester the Bishop of Lincoln the Lord Hunsdon Chamberlain to the Queen the Lord Le Ware the Lord Lumley and the Lord Burleigh All these or four of them calling unto them the Queens Serjeants and the Queens Attorney and Sollicitor when their leisure did serve them to meet and hold their place in the Treasurers Chamber Then the Lord Keeper continued the Parliament which is set down in the Original Journal-Book in manner and form following Dominus Custos Magni Sigilli ex mandato Dominae Reginae continuavit praesens Parliamentum usque in diem Veneris proximè futurum viz. 30 m diem Octobris Nota That although there be some short mention made of the Presentment of the Speaker of the House of Commons in the Original Journal-Book of the Upper House yet because it is very imperfectly and briefly Entred there I have therefore supplied it somewhat largely out of a private Journal of the House of Commons On Friday the 30 th day of October about one of the Clock in the Afternoon her Majesty came by Water to the Parliament Chamber commonly called the Upper House and being Apparelled in her Royal Robes and placed in her Chair of State divers also of the Lords Spiritual and Temporal being present the Knights Citizens and Burgesses of the House of Commons who had attended at the Door of the said House with John Crooke Esq Recorder of London their Speaker Elect the full space of half an hour were at last as many as conveniently could let in and the said Speaker was led up to the Bar or Rayl at the lower end of the same House by the hands of Sir William Knolles Knight Comptroller of her Majesties Houshold and Sir John Fortescue Chancellor of the Exchequer and presented to her Majesty to whom after he had made three low Reverences he spake in effect as followeth MOST Sacred and Mighty Sovereign Upon your Majesties Commandment your most dutiful and loving Commons the Knights Citizens and Burgesses of the Lower House have chosen me your Majesties most humble Servant being a Member of the same House to be their Speaker but finding the weakness of my self and my ability too weak to undergo so great a burthen I do most humbly beseech your Sacred Majesty to continue your most gracious favour towards me and not to lay this charge so unsupportable upon my unworthy and unable Self And that it would please you to Command your Commons to make a new Election of another more able and more sufficient to discharge the great service to be appointed by your Majesty and your Subjects And I beseech your most excellent Majesty not to interpret my denial herein to proceed from any unwillingness to perform all devoted dutiful service but rather out of your Majesties Clemency and Goodness to interpret the same to proceed from that inward fear and trembling which hath ever possessed me when heretofore with most gracious Audience it hath pleased your Majesty to Licence me to speak before you For I know and must acknowledge that
knowledge of this Motion and to give Order that Tolkerne should be sent for at whose Suit the Arrest was made And withal that such Precedents as the Clerk of the Parliament could shew should be looked out and made known to the House Vide plus concerning this matter on Monday the 23 th day of this instant November following On Saturday the 14 th day of November to which day the Parliament had been last continued on Thursday foregoing by occasion of sending for the aforesaid Tolkerne request was made by M r Conisbie Gentleman Usher to the House and signified by the Mouth of the Earl of Nottingham Lord Steward That for as much as the bringing of any person before the Lords upon breach of the Priviledge of the House did appertain as the said M r Conisbie supposed and alledged to his place though in the last Parliament by some mistaking as he thought the Serjeant at Arms was imployed therein That therefore their Lordships would be pleased to confirm and settle such Order as he might at this time and from henceforth have the Right of his place in that behalf Whose request being considered of by the Lords it was thought meet that the Lord Archbishop of Canterbury the Lord Treasurer the Earl of Nottingham the Earl of Worcester the Lord Bishop of Winchester the Lord Zouch and the Lord Cobham should at their next meeting upon any other occasion take notice of such Precedents as could be produced therein either for the Gentleman-Usher or for the Serjeant at Arms and thereof to make Report to the House whereupon their Lordships would proceed to the deciding of the question between them Vide concerning this business on Tuesday the first day of December next following The meeting of the Committees about the Bill concerning Musters Souldiers c. who were nominated on Thursday the 12 th day of this instant November foregoing and appointed to meet this Afternoon was upon Motion to the House by some of the Committees deserr'd until Monday next being the 16 th day of this instant November by eight of the Clock in the Morning A Motion was made by the Lord Keeper that the Gentleman-Usher might be sent to such Lords as are absent from the Parliament and have not sent their Proxies to admonish them thereof Five Bills had each of them one reading of which the second being the Bill for suppressing the multitude of Ale-Houses and Tippling-Houses was read secundâ vice and committed to the Lord Treasurer the Earl of Worcester the Earl of Hartford the Earl of Lincoln the Bishop of Winchester the Bishop of Lincoln the Bishop of Bath and Wells the Bishop of Chester the Bishop of Exeter the Bishop of Ely the Lord Zouch the Lord Cobham the Lord Rich the Lord Sheffield the Lord Chandois the Lord S t John of Bletsoe and the Lord Compton and the Lord Chief Justice of England M r Justice Gawdy M r Baron Savile and M r Serjeant Yelverton were appointed to attend their Lordships The third Bill also being for the avoiding of unnecessary delayes of Executions upon Judgment in Debt was read secundâ vice and committed unto the Lord Treasurer the Earl of Worcester the Earl of Pembrook the Bishop of Rochester the Bishop of Worcester the Bishop of S t Asaph the Lord Cobham the Lord Chandois the Lord S t John of Bletsoe and M r Justice Gawdy M r Baron Savile and M r Serjeant Yelverton were appointed to attend their Lordships The Lord Zouch renewed his former motion concerning the Arrest of William Hogan her Majesties Ordinary servant at the suit of John Tolkerne Whereupon the Clerk of the Parliament was required to shew forth all such Precedents as he had found touching the Arrests of any Persons priviledged by Parliament having received directions from the Lords for that purpose as is before Recorded of which sort out of the Journal-Book remaining in his custody there were to be found only these four hereunder mentioned and no more 1. Anno 27. Reginae Fliz. die Martis primo die Decembris of James Diggs servant to my Lords Grace of Canterbury 2. Anno 27. Reginae Eliz. die Lunae 7. Die Decembris of Robert Finneis servant to the Lord Viscount Binden 3. Item in the last Parliament of 39 Eliz. 26. die Novembris of Edward Barston servant to the Lord Chandois and 8. die Decembris of John York the Lord Arch-Bishops servant 4. Item Anno 14. Reginae die ultimo Junii It appeareth that the Lord Cromwel made complaint unto the Parliament of an Attachment served upon his Person and that his Lordship was by Order of the Parliament discharged of the Attachment but whether this Attachment was served in the time of the Parliament it doth not certainly appear Which said Precedents being accordingly presented to the Lord Keeper the same were presently read together with certain Observations out of a Book written by Richard Crompton Esquire Intituled the Authority and Jurisdiction of the Queens Courts concerning the proceedings of the House in the like case of George Ferrers Gent. an ordinary servant to King Henry 8. about the thirty fourth year of his Reign This being done albeit sundry Motions were thereupon made by divers of the Lords for a present proceeding in this matter nevertheless because the said Tolkerne having been formerly sent for could not yet be found and also in respect there was less appearance of the Lords this day than at other times and this matter concerning the priviledge of the House was of great importance and therefore required a more full Assembly Stay was made of any further proceeding until Thursday next being the 19 th day of this instant November And in the mean time it was Ordered that Tolkerne should again be sent for to appear before the Lords in the House that day by nine of the Clock in the Morning Vide concerning this matter on Monday the 23 th day of this Instant November following On Monday the 16 th day of November to which day the Parliament had been last continued on Saturday foregoing the Bill for reuniting Eye and Dunsden to the Mannor of Sunning was read secundâ vice Motion was made by the Lord Sheffield upon reading of this Bill that Thomas Crompton Son of Thomas Crompton Esquire deceased with Henry Best Francis Jackson and others whom it may concern should be heard in the House whether they or any of them could pretend any right or Interest in these Lands in respect of a Grant heretofore made thereof by her Majesty to the said Thomas Crompton Which Motion was well approved by the House and Ordered that the Gentleman Usher should move the said parties to appear before their Lordships in the House for that purpose upon Saturday next the 21. day of this Instant November by eight of the Clock in the Morning and to bring them such persons as are interested in the Conveyance of those Lands Vide December 7 th Monday postea Memorandum That the
Answer they would have none other Mr. Speaker said it could not be intended against his will for his hand is to the Indenture but he moved whether it should be intended that this Sir Anthony Nowell were una eadem persona or no And though it were yet whether they could take notice thereof not being certified out of the Chancery To which all the House said there was no other of the name Then Mr. Comptroller stood up and moved that in respect the Return was joint and that they did disallow Sir Anthony Nowell he desired to be resolved of the Learned Masters of the Law in this House whether all the Return were insufficient and so Sir John Harrington to be excluded To which all the whole House said No. Mr. Serjeant Harris said No because the said Warrant is affirmative to chuse any but the Sheriff who is excepted by special words so that the Return of the other is warranted but that of himself is void Sir Edward Hobbie Answered and said nay then Mr. Serjeant if you stand on that I think there are few Knights in this House lawfully chosen for the words of the Writ and Statute are that he must be Commorant within the County which but few are To which not one word was Answered And that Clause was hushed up Mr. Speaker said Well I will put it to the question which shall be twofold one whether the Return be void the other whether a new Warrant shall be sent forth To which being twice moved all cryed I I I not one man said No. Sir Edward Hobbie said Mr. Speaker the Warrant must go from your self for in the twenty seventh Year of this Queen when Parrie was Burgess for Queenborough a new Election was made and the Warrant was sent from the Speaker Nota That this resolution of the House is directly contrary to a former Precedent agreed on in the House of Commons upon Friday the 21 th day of February in the Parliament de An. xxxi o Regin Eliz. Anno Dom. 1588 1589. where Mr. S t Poole being both Knight for the County of Lincoln and Sheriff of the same also was notwithstanding allowed to retain his place in the said House as a Member thereof and had only Licence given unto him to depart into the said County about the business of his said Sheriffwick in no other form or manner than is vouchsafed of course to the Members of the said House upon any urgent occasions by them alledged requiring their absence for some time be it longer or shorter Where other Precedents also to this purpose are vouched and yet perhaps both the said Precedents may stand good and be reconciled with this difference that where any man is first Sheriff of some County and then Elected a Knight of the same or a Citizen Burgess or Baron of any City Borough or Cinque-Port of the same that in this Case his Election is void because it must of necessity follow as in this Case of Sir Andrew Nowell it did that he must return himself which cannot be good in Law But where a man is first Elected a Member of the House of Commons be it Knight Citizen Burgess or Baron and is afterwards made Sheriff of some County here his first Election standeth good as it should seem also it doth although he may be first made a Sheriff of some County and be afterwards Elected a Knight Citizen Burgess or Baron of and in some other Shire or County And the reason of all is plain in respect that in all these latter Cases his Return cannot be made by himself but by the Sheriff of the County where he is Chosen This only holds good in the Case of Knight of the Shire The Bill for Explanation of such Statutes as touch Leases to be made by Archbishops and Bishops was read the second time and rejected after Mr. Boise had spoken to it as followeth To which only Mr. Boise stood up and said that this Act would be prejudicial to the Bishop present and the Successor to their Servants and to the Bishops own Farmers and Tenants To the Bishop present in the maintenance of his Estate which cometh only by continual Fines which if they be taken away then are they not able to maintain that Hospitality and keep that retinue either belonging to their place or answerable to their living For consider the Revenue of the greatest Bithoprick in England it is but two thousand two hundred pounds whereof he payeth for Annual Subsidies to the Queen five hundred pounds And what damage we shall do both to him and his Successor herein his Revenue being so beneficial to her Majesty I refer to all your Judgments To the Successor it must needs be more hurtful For when he first cometh in he payeth First-Fruits and yet is not allowed to make his benefit by Fines which all Bishops Farmers are content to do so that he is cast one whole Annual value behind hand and perhaps hath no power neither to make Leases in twelve or sixteen Years This Mr. Speaker will induce the Ministers of the Word not to seek Bishopricks whereby we may bring the Clergy both to Poverty and Contempt from which they have ever been carefully defended and provided for even by the most antient Statutes and Laws of this Land now extant Hurtful it is to their Servants for this may be every Mans Case We know very many good Gentlemens Sons serve Bishops and how can they reward their long and faithful Services but only by means of granting over of these Fines or some other means out of their Spiritual Function But this Act is good for the Courtier but I may speak no more of that point Lastly Mr. Speaker my self am Farmer to a Bishop and I speak this as in my own Case on my knowledge to the House that it is ordinary upon every Grant after four or five years ever 〈◊〉 and take a new Lease but I refer it to the consideration of the House to do their Pleasure 〈◊〉 Only this I can certifie That I have 〈◊〉 〈◊〉 of the Bill the last Parliament exhibited to this purpose which I having confer'd together with the present Bill do find them to be word for word all one And the last was rejected Whereupon this was also as is before-mentioned rejected Thus far out of the afore-mentioned private Journal the residue of this days Passages that follows are transcribed out of the Original Journal-Book of the House of Commons it self The Bill that Plaintiffs in Writs of Error shall give good Bayl was read the second time and committed unto Mr. Carie Mr. Tanfield and others who were appointed to meet upon Monday next in the Middle-Temple Hall at two of the Clock in the Afternoon The Bill against fraudulent Administration of Intestates Goods was upon the second reading committed unto the last former Committees in the Bill for Writs of Error to meet at the same time and place The Bill against excessive and