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
Popham M r Stanhope M r Colbie and M r Broughton The Bill against abusing of Licences to transport forbidden Wares was delivered to M r Comptroller Post Meridiem In the Afternoon five Bills of no great moment had each of them one reading of which the second being the Bill touching Inquisitions and Offices to be taken within the Counties Pallatine and the third being the Bill touching Wharfs and Keyes were each of them read the second time but no mention is made that they were either Ordered to be ingrossed or referred to Committees because they had been formerly sent from the Lords The former Committees for the Bill of Apparel who were appointed on Saturday the 10 th day of this instant March foregoing were sent up to the Lords for Conference as well in that Bill as in the Bill for preservation of Pheasants and Partridges Thus far out of the Original Journal-Book of the House of Commons that which follows touching the proceeding of the Committees in the Bill for restitution in Blood of the Heirs of the Lord Stourton is inserted out of that large Memorial or written Discourse of the whole Carriage of that business I had by me being prout sequitur The Committees reading deliberately the Bill and the whole Contents thereof partly upon causes alledged in the House and partly upon causes remembred among themselves took the saving in the Bill not to be sufficient but added a Proviso unto it the special point whereof was to bar the Lord Stourton that he should not take advantage of any error that might happen to be in any Fine Recovery or other Conveyance passed by his Father or his Ancestors but he should be in that respect as though his Blood were not restored in which State he can bring no Writ of Error The occasion of which Proviso grew chiefly for that the Lords had within few days before dashed a Bill that passed in the House of Commons for the helping of such Errors whereupon they thought it dangerous to give that scope to any man that should be restored in Blood and therefore they added such a Proviso both to this Bill and to another Bill of the like tenor that did concern one Anthony Mayny of Kent Esquire During the time of this Conference of the Committees the Lord Stourton being informed how his Case was Ordered in the House of Commons came to the place where the Committees sate and desired that himself and his Councel might be heard which they allowed him of their own discretion without the privity of the House his Councel laboured to shew to the Committees that the saving already in the Bill was sufficient so as they then needed no addition of any other Proviso but being answered to all that he said he could not much reply but seemed to be satisfied After which the Committees having agreed upon a Proviso repaired unto the House and made a report thereof but the Lord Stourton nothing contented therewithal procured immediately a Message from the Lords to the House of Commons in his favour which Message being more fully set down in the Original Journal-Book of the House of Commons than in that written Memorial or Discourse of this said cause I had by me out of which the foregoing proceedings are transcribed I have thought it better to supply it out of the same in manner and form following viz. M r Serjeant Barham and M r Doctor Vaughan did bring from the Lords four Bills viz. for restitution in Blood of Anthony Mayney Esquire the Bill for reformation of abuses in Goldsmiths the Bill to give Costs and Charges to the Defendant that shall be wrongfully vexed by slanderous and untrue Suits and the Bill for relief of Vicars with a Message also from their Lordships that the Committees of this House appointed for Conference with their Lordships in the Bill of Apparel may also have Commission from this House to shew unto their Lordships the reasons which did move this House to deal so hardly in the Bill which being signed by her Majesty passed their Lordships for the restitution in Blood of the Lord Stourton being a Nobleman and seeking but the same course and form of restitution which other Noblemen in like cases have done and had heretofore which Message being opened unto the House was not well liked of but thought perillous and prejudicial to the Liberties of this House Whereupon it was resolved by this House that no such reason should be rendred nor any of this House to be appointed unto any such Commission Vide plus concerning this business on Wednesday the 14 th day of this instant March ensuing Two Bills lastly had each of them their first reading of which the first was the Bill for restitution in Blood of Anthony Mayney Esq On Tuesday the 13 th day of March the Bill for restitution in Blood of Anthony Mayney Esq was twice read and a Proviso to the same Bill was read three times M r Sollicitor and M r Powle did bring from the Lords a Bill for the annexing of Gateside to New-Castle and withal a Message from their Lordships to desire Conference with such of this House as this House shall appoint touching Conference with their Lordships for the Bill of the Lord Stourton which their Lordships do hear hath had offers of Provisoes or some other thing to the stay of the proceeding of the said Bill Whereupon the said M r Sollicitor and M r Powle being called into this House received Answer that by the resolution of this House according to the antient Liberties and Priviledges of this House Conference is to be required by that Court which at the time of the Conference demanded shall be possessed of the Bill and not of any other Court And further that this House being now possessed of the Bill and minding to add some amendment to the said Bill will if they see cause and think meet pray Conference therein with their Lordships themselves and else not Vide concerning this matter on Wednesday the 14 th day of this instant March ensuing Two Bills of no great moment had each of them one reading of which the first being being the Bill against the excess of Apparel was read the second time and Ordered to be ingrossed M r Attorney General and M r Sollicitor did bring from the Lords the Bill of the Queens Majesties most gracious general and free Pardon M r Treasurer Mr. Chancellor of the Exchequer Mr. Secretary Walsingham Mr. Captain of the Guards Sir Nicholas Arnold Sir Henry Gate Mr. Snagg Mr. Grimsditch and divers others were appointed to confer in the Bill touching Wharfs and Keyes in the Chequer-Chamber immediately after Dinner this present day Mr. Serjeant Barham and Mr. Powle did bring word from the Lords that their Lordships did desire to have the former Committees in the Bill for Leather to confer with their Lordships presently touching the same Bill whereof they specially pray that Mr. Marsh may be one whereupon the said
unto the 16 th day of January being Monday on which day this Session following in Anno 23 Reginae Eliz. Anno Domini 1580 began But her Majesty because it was no new Parliament was not present nor did the Lords wear their Robes on this said Monday being the first day of their meeting nor was their any solemn Speech made by the Lord Keeper but either House assembling themselves together severally in their due places fell to their ordinary businesses as upon other days is usually accustomed yet the beginning of this Session is as solemnly Entred in the Original Journal-Book as if it had been a new Parliament where it appeareth to be in manner and form following Die Lunae 16 die Januarii 1580 Anno Regni Excellentissimae metuendissimae Dominae nostrae Elizabethae Dei gratia Angliae Franciae Hiberniae Reginae Fidei Defensatricis c. Vicesimo tertio in quem diem post varias ac diversas Prorogationes praesens haec Sessio Parliamenti Prorogata fuit teneri inchoari apud Westmonasterium die loco praedict Domini tam Spirituales quam Temporales quorum nomina subsequuntur praesentes suerunt Episcopus London Episcopus Sarisburien Episcopus Wigorn. Episcopus Roffen Episcopus Coventr Litchfield These Bishops are thus placed in the Original Journal-Book on the dexter-side of the Lords not by reason of preheminency unless the Archbishop of Canterbury had been present but by reason of their Ecclesiastical Dignity these being all that are noted in the said Journal-Book to have been present this day now follow the names of the Lord Keeper and the Temporal Lords Thomas Bromley Miles Dominus Cancellarius Dominus Burleigh Thesaurarius Angliae Marchio Winton Comes Lincoln Magnus Admirallus Angliae Comes Arundell Comes Northampton Comes Wigorn. Comes Cumberland Comes Bathon Comes Norwicen Comes Southampton Comes Pembrook Comes Hartford Comes Leicester Vice-comes Mountague Vice-comes Bindon Barones Dominus Burgavenny Dominus Willoughby de Erisby Dominus Dacres Dominus Stafford Dominus Dudley Dominus Lumley Dominus Stourton Dominus Mountjoy Dominus Darcy de Darcy Dominus Windsor Dominus Cromwell Dominus Evers Dominus Wharton Dominus Willoughbie de Parham Dominus Howard Dominus North. Dominus S t John de Bletso Dominus de la Ware Dominus Cheyney Dominus Norris Nota There were no names of Receivors or Triors of Petitions read because this was but the third and last Session of a former Parliament as hath been observed and those names are never read but in the beginning of a new Parliament One Bill was read this Morning being for the reformation of Sheriffs Under-Sheriffs and their Ministers primâ vice Hodiè retornatum est Breve quo Preregrinus Bartye Dominus Willoughby silius haeres Katherinae Ducissae Suff. siliae haeredis Willielmi Willoughby nuper Domini Willoughby praesenti Parliamento interesse summonitus est qui admissus est ad suum praeheminentiae sedendi in Parliamento locum salvo jure alieno viz. the said Lord Willoughby was seated and took place next under the Lord Audley and above the Lord Barkley The like Writ returned for Edward Parker Lord Morley who accordingly was admitted salvo jure alieno and placed next under the Lord Barkley and above the Lord Dacres The Lords being thus set and in agitation of their own businesses Sir Francis Knolles Knight Treasurer of her Majesties Houshold Accompanied with Sir James Crosts Knight Comptroller of her Highness Houshold Sir Francis Walsingham Knight one of her Majesties Principal Secretaries and M r Doctor Wilson Esquire another of her Majesties Principal Secretaries Sir Walter Mildmay Knight Chancellor of her Majesties Exchequer and divers others being sent up to the said Lords by the House of Commons upon some urgent and weighty occasions desired to be admitted into the said Upper House there to make known to their Lordships somewhat of importance wherein they should require their advice and need their assistance upon which being admitted the said M r Treasurer assisted with the Personages and Company aforesaid did in comely order and discreet manner make manifest and known unto the said Lords that Sir Robert Bell Knight late Lord Chief Baron and Speaker of the said House who had been Elected to the said place in the first Session of this Parliament in the fourteenth year of her Majesty and had continued also the second Session thereof being in the eighteenth year of her said Highness Reign in the said place was now dead 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 unto the said Lords sitting in Consultation for the same it was upon considerate advice therein had by them all thought fitting to signifie unto the said Commons by the Personages aforesaid who had been sent from them that they thought it expedient and good that such of the Lords of the said House as were of her Highness Privy-Council with the Lord Marquess of Winchester and the Earl of Arundel Accompanied with such a number of the Commons House as by them should be agreed upon should in the name of both the Assemblies make intimation of their said Estate and the Petition thereupon depending unto her said Highness to which advice the said Commons upon knowledge had of the same wholly assented Then followed the Adjournment of the said Parliament by the Lord Keeper according to the usual form which is thus Entred in the Original Journal-Book Dominus Cancellarius Adjournavit praesens Parliamentum usque in diem Mercurii proximum hora nona On Wednesday the 18 th day of January Billa for reformation of abuses in Sheriffs Under-Sheriffs and their Ministers secunda vice lecta Two other Bills also of no great moment were read primâ vice The Queen having been moved as it seemeth according to the resolution of the two Houses jointly agreed upon between them on Monday last past the 16 th day of this instant January about the Death of Sir Robert Bell late Lord Chief Baron their former Speaker and the choice of a new one in the House of Commons by the Marquess of Winchester and those other right honourable Personages who were then and there named to move her Highness in it did give Order that this present Wednesday both the Lords and Commons should assemble and meet together in the Upper House commonly called the Lords Parliament Chamber there to receive her Majesties Answer where being Assembled Sir Thomas Bromley Knight Lord Chancellor of England shewed forth a Commission from her Highness under the Great Seal of England which was directed to him only wherein her Majesty taking notice of the Death of Sir Robert Bell their former Speaker did Authorize the Lord Keeper for her Majesty and in her name to will and Command the Knights Citizens and Burgesses of
no notice but by relation of his Death as her Majesty hath And her Majesty hath the more certain notice for that her self had made Sir Robert Bell Lord Chief Baron and so his place of Speaker void as some thought although some others thought that the Chief Baron may be Speaker and she had since his Death made a new Chief Baron viz. Nota That this Argument doth very solidly and fully prove that the Knights Citizens and Burgesses of the House of Commons ought not at this time to have joined with the Upper House in Petitioning the Queen for liberty to chuse a new Speaker in respect that her Majesty could not but take notice of it as well as themselves and the rather at this present because she had first made Sir Robert Bell Knight their former Speaker Chief Baron of the Exchequer by which many supposed his place of Speaker was void in the said Commons House because he was to be called by Writ as a necessary attendant of the Upper House and lastly because her Majesty had now afterwards also upon his Death made another Chief Baron in his room by all which it appeared most plainly as is before urged that her Majesty could not but know as well as themselves that the said place of Speaker was void But whether M r Fulk Onslow the now Clerk of the House of Commons did conceive these reasons in his own mind and so by communicating them unto others of the said House and finding them to concur in the same opinion did thereupon Enter them in the Journal-Book of this Parliament or whether others of the House did first conceive it themselves and utter it to him in private in the said House yet certainly it having not been openly spoken in the House as appears by his own setting of it down but privately muttered it ought to have been Entred as a private opinion and not as any part of the Journal and to have been distinguished by being written in some other different hand from that in which the rest of the Journal was set down or the like But yet notwithstanding all those foresaid reasons already set down it was at last agreed by the greater number of the few Voices that the said Precedent should be followed which had before passed in the eighth year of her Highness Reign And accordingly were appointed the said M r Treasurer and Sir James Crofts Knight Comptroller of her Majesties most honourable Houshold and Thomas Wilson Esquire one of her Highnesses Principal Secretaries with a convenient number of others of the House to go to the Upper House to make Petition to the Lords for their Mediation to her Majesty for Licence to chuse a Speaker the place being void first by the making of the said Sir Robert Bell to be Lord Chief Baron of the Exchequer and lastly by his Death which Message being by the said persons executed accordingly and they brought Answer again to the House from the Lords that their Lordships had appointed all the Lords of the Privy-Council with the Marquess of Winchester the Earl of Arundell and the Bishop of London to make that Suit to her Majesty and required to have four of this House being of her Majesties Privy-Council to join therein with them according to the said Precedent whereupon forasmuch as it appeared to this House that the Lords in appointing their number had varied from the said Precedent it was moved that likewise the number appointed by this House might also be altered that in precedent it might remain a thing Arbitratory to the House and that so five of this House being of the Privy-Council should be added to the Lords and the rather because it was then affirmed of some that the cause why only four of the Council being of this House were appointed in the said eighth year was for that the Lords number was then but four and for that also there were at that time but four of the Council in this House The now Lord Treasurer then being the one only Principal Secretary to her Majesty but at last the said Precedent was precisely urged and followed and the said M r Treasurer M r Comptroller and Sir Francis Walsingham Knight one of her Majesties two Principal Secretaries and Sir Walter Mildmay Knight Chancellor of her Highness Court of Exchequer were appointed by this House to join with the said Lords in the said Suit to her Majesty and Order was then also given that this House should also daily assemble to continue the Session and attend the Answer of her Highnesses Pleasure therein On Tuesday the 17 th day of January some number of this House Assembled this day to attend for the causes aforesaid On Wednesday the 18 th day of January the Right Honourable the Earl of Lincoln Lord Steward of the Queens Majesties most honourable Houshold came into this House and before him divers Knights Citizens and Burgesses returned into this House did openly receive and pronounce the Oath according to the form of the Statute in that case made and provided and he did also then and there signify and declare the right Honourable M r Treasurer M r Comptroller M r Secretary Wilson and M r Chancellor of the Exchequer to be his Deputies during this Session of Parliament that before them or any of them all such persons as should during this Session be returned to be of this House might openly receive and pronounce the said Oath accordingly which Deputation they did then execute This matter of the Lord Stewards Ministring the Oath of Supremacy unto such Members of the House of Commons as were newly Elected and returned to this new Session of Parliament being thus transcribed out of the Original Journal-Book of the House of Commons now follows the whole manner of the proceeding of her Majesty in giving Authority by her Commission under the Great Seal unto the House of Commons to Elect a new Speaker and of their receiving the said Authority out of the Original Journal-Book of the House of Lords in respect that the same is but shortly and imperfectly set down in the Original Journal-Book of the said House of Commons This foresaid Wednesday Morning the Knights Citizens and Burgesses of the House of Commons being mindful of the great business of the Election of a new Speaker which they had treated of on Monday foregoing being the 16 th day of this instant January repaired to the Upper House commonly called the Parliament Chamber where being Assembled with the Lords those noble Personages and others who had been appointed to repair unto the Queen on Monday foregoing signified her Majesties Pleasure unto all the Lords and Commons there present concerning the Choice of a new Speaker by the Members of the House of Commons And thereupon the Lord Chancellor shewed forth a Commission under the Broad Seal of England which he Commanded the Clerk openly to read the the tenor whereof was as followeth ELizabeth c. To our Right Trusty and
incorporation of Christs Hospital was read tertia vice communi omnium procerum assensu conclusa data Doctori Barkeley Servienti Rodes in Domum Communem deferend And the second being the Bill to give her Majesty Authority to alter and new make a Kalendar according to the Kalendar now used in other Countries was read prima vice Four Bills also of no great moment were brought up to the Lords from the House of Commons of which the first was the Bill whereby Marriage was declared lawful at all times of the Year Two other Bills were lastly read each of them secunda vice of which the last being the Bill for the grant of one entire Subsidy and two Fifteenths granted by the Temporalty was read secunda vice About two of the Clock in the Afternoon to which hour the Lord Chancellor had in the Forenoon continued the Parliament the Lords Spiritual and Temporal meeting nine Bills of no great moment had each of them one reading of which the first being the Bill for the Haven of Plymouth was read secunda vice The Amendments lastly in the Bill concerning the Hospital of East-Bridge were read prima secunda tertia vice conclusae dissentientibus Vicecomite Mountague Comite Hertford On Wednesday the 17 th day of March Four Bills of no great moment had each of them one reading of which the first being the Bill of one entire Subsidy and two Fifteenths granted by the Temporalty was read tertia vice communi omnium Procerum assensu conclusa The fourth also being an Act for the assurance of certain Lands unto the Lord Hunsdon was read secunda vice commissa ad ingrossandum After which Robert Elrington and Alice his Wife mentioned in the said Bill touching the Lord Hunsdons assurance came into the House and gave their consent to the passing of the said Bill The Bill against the making of Starch was brought up to the Lords from the House of Commons and had its first reading After which lastly three Bills of no great moment had each of them one reading of which the first being the Bill for bringing in of Staple Fish and Herrings into the Realm was read secunda vice On Thursday the 18 th day of March six Bills of no great moment had each of them one reading of which the first being the Bill for the assurance of certain Lands to the Lord Hunsdon and the second being the Bill touching the breadth of white Woollen Clothes made within the Counties of Wilts Glocester and Oxon ' with the amendments were each of them read tertia vice conclusae datae servienti Rodes It should seem that these Bills were delivered to him to carry down to the House of Commons although so much be not expressed There were also brought up to the Lords from the House of Commons four Bills of no great moment of which the first being the Bill that Parsonages impropriate may be disposed to godly and charitable uses and the third for the better and more reverent observing of the Sabbath day were each of them read the first time Vide concerning this Bill of the Sabbath on Saturday the 6 th day of this instant March foregoing But what the intent or scope of this Bill was her Majesty refusing to pass it upon the last day of this Parliament cannot be certainly set down it being not now remaining in the bundle of the Acts de Anno isto 27 Reginae Eliz. in the Clerk of the Upper House his Office in which said bundle I searched for it on Thursday the 8 th day of October in the year 1629. About two of the Clock in the Afternoon to which hour the Lord Chancellor had in the Forenoon continued the Parliament Proceres tam Spirituales quà m Temporales quorum nomina subscribuntur praesentes fuerunt and so is the entrance of every sitting in the Afternoon upon such continuance ut supra viz. the same form which is used in entring the sitting of the House in the Forenoon which for brevity is in this Collection elsewhere omitted Two Bills had this Afternoon each of them one reading of which the first being the Bill against covenous and sraudulent Conveyances with certain amendments was read tertia vice On Friday the 29 th day of March five Bills of no great moment had each of them one reading of which the first being the Bill against covenous and fraudulent Conveyances with the amendments was read tertia vice communi omnium Procerum assensu conclusa data servienti Rodes Doctori Barkeley in domum communem deferend Nota That this Bill is said to have been read tertia vice in the Afternoon of the day past which was Thursday and therefore it could not be now read again but to reconcile this difference it should seem the Bill it self had then its third reading and the amendments but the second and this day the said amendments passed upon the third reading but the Bill it self which had passed yesterday was no more read which by the negligence of Mr. Mason at this time Clerk of the Parliament was suffered to be set down thus confusedly in the Original Journal-Book and so to stand On Saturday the 20 th day of March the Bill for the explanation of the Statute made Anno 13 of the Queens Majesty entituled An Act to make the Lauds Tenements Goods and Chattels of Receivors c. liable to pay their debts was read prima secunda tertia vice communi omnium Procerum assensu conclusa Three other Bills of no great moment had each of them one reading There were also brought up to the Lords from the House of Commons nine Bills of which the first was an Act for the good Government of the City and Borough of Westminster and the second being for the Subsidy of the Clergy was returned and expedited The Lord Bishop of Exeter shewed unto the Lord Chancellor Sir Francis Walsingham's Letter dated at the Court this 14 th day of March 1584. importing her Majesties licence for the said Bishop to depart home to his charge Nota That it appeareth not by the Original Journal-Book whether the Bishop of Exeter aforesaid absenting himself for this time from the Parliament by her Majesties licence did constitute any Proctor or no and it should seem that he did not because his departure from it was but for some few weeks during the last sitting thereof and that also in open Parliament and as it were with the allowance also of the rest of the Lords On Monday the 22 th day of March to which day the Parliament had been on Saturday last continued six Bills of no great moment had each of them one reading of which the first being the Bill for reformation of Errors in Fines and Recoveries in the twelve Shires of Wales with a Proviso added by the Lords from the Earl of Kent was read tertia vice communi omnium Procerum assensu conclusa
added viz. vicesimo nono In the fourth and last place the Printed Books of Statutes are likewise mistaken for Christopher Barker at this time Printer to the Queens Majesty who Printed the Statutes of this Parliament at large in Anno 1587. maketh no mention of any Parliament or meeting of Parliament in Anno 28 Regin Eliz. but mentioneth that Book of Statutes in this manner Anno 29 o Regin Eliz. at this present Session of Parliament holden by Prorogation at Westminster the 15 th day of February in the 29 th year of the Raign of our most gracious Soveraign Lady Elizabeth c. Whereas if he had intituled it truly it should have been thus At this present Parliament holden at Westminster the 29 th day of October in the 28 th and 29 th years of the Raign of our most Gracious Soveraign Lady Elizabeth c. M r Poulton also in his Abridgement of Statutes Printed by the Company of Stationers Anno Dom. 1612. setteth down a false Title before the Statutes of this Parliament viz. Statutes made at the Session of Parliament holden by Prorogation at Westminster the 29 th day of October Anno 28 Eliz. and Anno Dom. 1587. c. In which said Title there are these two notorious and gross mistakes The first in that he saith this Parliament was holden by Prorogation whereas the former Parliament held in Anno 27 o Regin Eliz. being dissolved upon the 14 th day of September in Anno 28 Regin ejusdem this Parliament begun and held in the said 28 th and 29 th years of her Majesty was newly Summoned and not held by Prorogation His second mistake is more gross than this in that he allots all these proceedings to the year of our Lord 1587. whereas both meetings did begin and end during the year 1586. reckoning the year to begin upon the 25 th day of March as in all the Journal-Books of Parliaments and the Printed Books of Statutes and all Records and private Instruments it is always observed All which may show how great inconvenience it may bring to take up things upon trust from others without searching out the truth seeing so many men in that which they were best skilled in and had doubtless so industriously travelled in yet should be so grosly mistaken for it is not worth the proof that this was an Adjournment and not a Prorogation seeing it is positively entred in the Original Journal-Book of the Upper House on Friday the second day of December foregoing And likewise when the two Houses did meet again on Wednesday the 15 th day of February following the foresaid Journal-Book beginneth thus Die Mercurii 15 o die Februarii Domini tam Spirituales quà m Temporales quorum nomina subsequntur praesentes fuerunt Whereas if that meeting had been a new Session the Entrance ought to have been thus viz. Die Mercurii 15 o die Februarii in quem diem hoc praesens Parliamentum Prorogatum fuerat Proceres tam Spirituales auà m Temporales c. Or thus viz. In quem diem c. Sessio Parliament Prorogata fuit teneri inchoari apud Westminster die loco praedict Domini tam Spiritual quà m Temporal quorum nomina Subscribuntur praesentes fuerunt c. To which also may lastly be added that no Bill passing the two Houses in the first meeting of this Parliament nay for ought that can be gathered out of the Original Journal-Book of the Upper House no one Bill having so much as any reading there as hath been before observed and so no Royal Assent putting life into any one Law it could not be a Session but a meer meeting which continued from Saturday the 29 th of October unto Friday the second day of December in Annis 28 29. Regin Eliz. Anno Dom. 1586. This doubt being thus fully cleared and the mistakings upon which it grew being likewise discovered the residue of the Journal of this present Parliament upon the second meeting of the two Houses next ensueth On Wednesday the 15 th day of February Anno 29 o Regin Eliz. Anno Dom. 1586. to which day the Parliament had been on Friday the second day of December foregoing last Adjourned The two Houses met in their several places without any presence of the Queen or Solemnity amongst the Lords by coming in their Robes or any other Pomp whatsoever because this was neither new Parliament nor new Session but a meer new meeting of either House upon an Adjournment of the former meeting thereof which began on the 29 th day of October being Saturday in Anno 28 Regin Eliz. as is aforesaid Memorandum that this day Sir Edmund Anderson Knight Lord Chief Justice of the Common-Pleas shewed forth to be publickly read a Commission directed unto him from her Majesty in which appeared that the Lord Chancellor was so visited at this time with sickness that he was not able to travel to the Upper House to supply his room and place there her Majesty minding the said room and place to be supplied in all things during the absence of the said Lord Chancellor hath appointed and authorized the said Sir Edmund Anderson during the absence of the said Lord Chancellor to supply his Room as by the Tenour of the said Commission here ensuing more fully appeareth ELizabeth by the grace of God Queen of England France and Ireland Defender of the Faith c. To our Trusty and right Well-beloved Sir Edmund Anderson Knight Chief Justice of our Court of Common-Pleas Greeting Whereas our Right Trusty and Right Well-beloved Chancellor Sir Thomas Bromley Knight Lord Chancellor of England is at this time so visited with Sickness that he is not able to travel to the Upper-House of this our present Parliament holden at Westminster nor there to supply the room and place in the said Upper-House among the Lords Spiritual and Temporal there Assembled as to the Office of the said Lord Chancellor or Lord Keeper of the Great Seal of England hath been accustomed We minding the same place and room to be supplied in all things as appertaineth for and during every time of his absence have named and appointed you and by these presents do constitute name appoint and Authorize you from day to day and time to time when and as often as the said Lord Chancellor shall happen at any time or times during this present Parliament to be absent from his accustomed place in the said Upper House to occupy use and supply the room and place of the said Lord Chancellor in the Upper House amongst the Lords Spiritual and Temporal there Assembled at every such day and time of his absence And then and there at every such time to do and execute all such things as the said Lord Chancellor of England should or might do if he were there personally present using and supplying the same room Wherefore we Will and Command you the said Sir Edmund Anderson to supply the doing and Execution of the Premisses with
said several Acts and Ordinances by you our said Subjects the Lords and Commons in this our present Parliament Assembled be fully agreed and consented unto and seem very necessary and profitable for the Commonwealth which nevertheless be not of any force or effect in the Law without our Royal Assent given and put to the same Acts and Ordinances and every of them And forasmuch as for divers great and urgent Causes and Considerations We cannot conveniently at this present be personally in our Royal Person in our Higher House of Parliament being the place accustomed to give our Royal Assent unto such Acts and Ordinances as have been agreed upon by our said Subjects the Lords and Commons We have therefore caused these our Letters Patents to have been made and have signed and caused the same to be Sealed accordingly And by the same do declare and notify as well to you the Lords Spiritual and Temporal and the Commons aforesaid as to all and singular other our loving Subjects That we by these Presents do give put our Royal Assent to all and singular the said Acts and Ordinances and to all Articles Clauses and Provisions in them contained and be fully agreed and consented to all and every the said Acts willing that the said Acts and every Article Clause sentence and provision in them contained from henceforth shall be of the same strength force and effect as if we had been personally present in the said Higher House and had openly and publickly in the presence of you all assented to the same Commanding also by these Presents as well our Chancellor of England to seal these our Letters Patents with our great Seal as our Trusty and well-beloved Sir Edmund Anderson Knight our Chief Justice of our Common Pleas to declare and notify this our Royal Assent in our absence in the said Higher House in the presence of you the said Lords Spiritual and Temporal and the Commons of our Parliament 〈◊〉 to be assembled for that purpose and the Clerk of our Parliament to Indorse the said Acts with such Terms and Words in our Name as is requisite and hath been accustomed for the same And also to Inrol these our Letters in the said Parliament Roll and these our Letters Patents shall be to every of them sufficient Warrant in that behalf And finally declare and will that after this our Royal Assent given and passed by these Presents and declared and notified as is aforesaid That then immediately the said Acts and every of them shall be taken accepted and admitted good sufficient and perfect Laws to all intents Constructions and purposes and to be put in due Execution accordingly the Continuance or Dissolution of this our Parliament or any other Use Custom thing or things to the contrary thereof notwithstanding In Witness whereof We have caused those our Letters to be made Patents Witness our self at Westminster the 23 th day of March in the 29 th year of our Reign Per ipsam Reginam Nota That the Clerk of the Parliament having read the said Letters Patents before set down Sir Edmund Anderson Knight Lord Chief Justice of the Common Pleas still supplying the place of Sir Thomas Bromley Knight Lord Chancellor delivered other Letters Patents unto the said Clerk openly to be read whereby eight several Commissioners were nominated and authorized to dissolve the Parliament viz. The Archbishop of Canterbury the Archbishop of York the Earl of Shrewsbury Earl Marshal of England the Earl of Darby Lord Steward the Earl of Kent the Earl of Leicester Master of her Majesties Horse the Lord Howard Lord Admiral of England Lord Hunsdon Lord Chamberlain and the Lord Cobham Lord Warden of the Cinque-Ports For doubtless unless a new Commission had come forth by which these before-named Honourable Personages had been de novo nominated to this purpose the three Commissioners at first appointed in the beginning of this Parliament which see at large upon Saturday the 29 th day of October foregoing might without any other new authority though not have Dissolved the Parliament yet have Prorogued it to a further day as they had formerly Adjourned it upon Friday the second day of December foregoing unto Wednesday the 15 th day of February next ensuing which was for ten weeks space at the least but that former Authority being now at an end by these new Letters Patents the manner of their delivery the removal of the new Commissioners in them nominated and the Commission lastly it self are thus verbatim set down in the Original Journal-Book of the Upper House Postquam verò Clericus Parliament has Literas palà m perlegisset Edmundus Anderson Miles alias etiam Literas Patentes eidem Clerico Parliamenti publicè legendas tradidit atque hîc notandum est omnes Dominos Commissionarios in Literis patentibus nominatos locis suis relictis in medio banco consedisse dum diclae Literae legerentur Earum autem tenor hic sequitur ELizabetha Dei gratiâ Angliae Franciae Hiberniae Regina fidei Defensor c. Reverendissimo in Christo Patri ac Consiliario suo Johanni Cantuarien Archiepiscopo totius Angliae Primati Metropolitano ac Reverendissimo in Christo Patri Edwino Archiepiscopo Eboracen Angliae Primati Metropolitano ac etiam chavissimis Consanguineis Consiliariis suis Georgio Comiti Salop Comiti Marescallo Angliae Henrico Comiti Darbiae magno Seneschallo necnon charissimo Consanguineo Consiliario suo Henrico Comiti Kantiae ac charissimo Consanguineo Consiliario suo Roberto Comiti Leicestr Magistro Equorum suorum ac etiam praedilectis fidelibus Consiliariis suis Carolo Domino Howard magno Admirallo suo Angliae Henrico Domino de Hunsdon Domino Carmerario suo Willielmo Domino Cohham Domino Gardiano quinque Portuum suorum Salutem Cùm nuper pro quibusdam arduis urgentibus negotiis nos statum desensionem Regni nostri Angliae ac Ecclesiae Anglicanae concern praesens hoc Parliamentum nostrum apud Civitatem nostram Westmonasterii decimo quinto die Octobris ultimo praeterito inchoari teneri ordinaverimus in à quo dic idem Parliamentum nostrum usque ad in vicesimum septimum ejusdem mensis Octobris prorogat fuerat eodémque die idem Parliamentum nostrum usque ad in vicesimum nonum diem dicti mensis Octobris prorogat ' fuerat ac ibid ' tunc tent ' continuat ' fuerat usque ad in secundum diem Decembris tunc proximum sequentem Eódémque die idem Parliamentum nostrum usque ad in decimum quintum diem Februarii tunc prox ' sequent ' adjournat ' fuit Eodémque die idem Parliamentum nostrum tunc ibidem tent ' continuat ' fuerat usque ad in vicesimum tertium diem instantis mensis Martii Sciatis tamen certis urgentibus causis considerationibus nos specialiter moven ' idem Parliamentum nostrum hoc instante vicesimo
all the Earls Summoned to this Parliament differed nothing from that by which the Duke of Norfolk was Summoned The words of the Writs that were directed to any Bishop this Parliament were Verbatim the same with the Archbishops only differing in the Style which is set down before their Christian Names being added in these words Reverendo in Christo Patri instead of these words inserted into the Writs directed to the Archbishops viz. Reverendissimo in Christo Patri The Writs to the Viscounts and Barons are thus directed viz. Dilecto fideli suo Anthonio Vicecomiti c. and then all the rest agreeing with the aforesaid Writ set down as directed to the Duke of Norfolk The Writs by which the Judges are Summoned are directed thus Dilecto Fideli suo c. and differ from the Peers Writs in these words tractare Consilium suum impendere but not ordinare and the same Style is inserted in the Writs directed to the Queen's Council and the rest who are to attend in the Upper House The Parliament being Summoned to begin as appeareth by the foregoing Writ set down as directed to the Duke of Norfolk on the 23th day of January it was upon the said day farther Prorogued in manner and form following Memorandum where the Queen's Majesty by her first Writ Summoned the Parliament to be begun and holden at Westminster the 23. day of January as by the same Writ bearing Date at Westminster the 5th day of December in the first year of her Reign it more plainly appeareth Her Highness upon certain great and weighty Causes and considerations her Majesty especially moving by the advice of her Privy-Council and of her Justices of both her Benches and other of her Council Learned did Prorogue and Adjourn this said Parliament until Wednesday now next following being the 25th day of this instant Month by vertue of her Writ Patent Signed with her own Hand Sealed with her Great Seal bearing Date the 21th day of this present Month whereupon at this said 23th day of January the Lord Keeper of the Great Seal with divers others her Lords and Counsellors repaired to the Parliament Chamber commonly called the Upper House and there in the presence of the whole Assembly of the Lords Spiritual and Temporal the Knights Citizens and Burgesses Summoned to the same Parliament did open and declare that the Queens Majesty whose preservation in Health giveth safety and surety to the whole Publick Wealth not feeling her self in good Disposition of Body nor unmindful of the Peril that by her too much boldness by coming abroad might ensue sent for the Lord Keeper of the Great Seal the Lords and others of her Highness Council unto whom she declared her Estate and the fear she had to adventure going to Parliament this said prefixed day being the 23th day of January requesting them to signifie her Estate unto the Assembly and that by virtue of the said Writ of Prorogation she had Prorogued her said Parliament from the first said Summoned day until the 25th day of the same Month. All which matters being notified to the said Assembly according to her Highness request and pleasure the said Writ for the said Prorogation in the presence of that Assembly was there then read by the Clerk of the Upper House publickly and openly the Tenor whereof ensueth Verbatim ELizabetha Dei Gratiâ Angliae Franciae Hiberniae Regina Fidei Defensor c. praedilectis fidelibus nostris Praelatis Magnatibus Proceribus Regni nostri Angliae ac dilectis fidelibus nostris Militibus Civibus Burgensibus dicti Regni nostri ad Parliamentum nostrum apud Civitatem nostram Westmonasterij 23. die instantis Mensis Januarij inchoand ' tenend ' convocat ' elect ' eorum cuilibet Salutem Cum nos pro quibusdam arduis urgentibus negotiis nos statum defensionem dicti Regni nostri Angliae Ecclesiae Anglicanae concernen ' dictum Parliamentum nostrum ad diem locum praedictum teneri ordinaverimus ac vobis per seperalia brevia nostra apud Civitatem diem praedict ' interesse Mandaverimus ad tractand ' assentiend ' concludend ' super his quae in dicto Parliamento nostro tunc ibidem proponerentur tractarentur Quibusdam tamen certis de causis considerationibus nos ad hoc specialitèr movend ' dictum Parliamentum nostrum usque 25 diem hujus instantis Mensis Januarij duximus prorogand ' it a quod nec vos nec aliquis vestrum ad dictum 23. diem Januarij apud Civitatem praedictam comparere teneamini seu arctemini volumus enim vos quemlibet vestrum inde erga nos penitùs exonerari Mandantès tenore presentium firmiter injungendo precipientes vobis Cuilibet vestrum ac omnibus aliis quibus in hac parte intererit quod ad dictum 25. diem Januarij apud praedictam Civitatem Westmonasterij personalitèr compareatis intersitis quilibet vestrum compareat intersit ad tractand ' faciend ' agend ' concludend ' super his quae in dicto Parliamento nestro de Communi concilio dicti Regni nostri savente domino contigerit ordinari Teste me ipsa apud Westmonasterium 21. Januarij Anno Regni nostri primo This day also although the Parliament begun not nor any Peers sate in the Upper House but the Lord Keeper and some others of either house met only in the Parliament Chamber to Prorogue the Parliament until the 25th day of this instant Month as aforesaid were divers Proxies returned from many of the Lords both Spiritual and Temporal who in their absence did Constitute others of the said Upper House to give their voices for them And because no Lord could be absent without Licence from her Majesty first obtained during this Parliament it will not be impertinent amongst other matters of Course to set down the form of the said Licenses which were as followeth RIght Trusty and Wel-beloved We Greet you well Whereas we are informed that by reason of Sickness you are not able to make your repair hither to this our Sessions of Parliament to be holden at Westminster We have thought good by these our Letters to dispense with you for your absence and do License you to remain still at home for this time So nevertheless that you send up your Proxie to some such Personage as may for you and in your name give his voice assent or denial to such matters as shall be Treated and Concluded upon in our said Parliament and these our Letters Patents shall be your Warrant in this behalf Given under our Signet at our Palace at Westminster the first day of January in the first year of our Reign Upon the obtaining and receipt of this aforesaid Licence from her Majesty granted to every absent Lord in particular they sent their several Proxies of which the first that was returned this day was the Proxie of
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
directed unto him for a Proxie is but an Authority to give another man's assent which cannot be transferred to a third person yet doth the sending of one Proxie sufficiently excuse any absent Lord although the Peer to whom it is directed be not present himself but as soon as that absent Lord shall have notice that he or they whom he constituted for his Procurators do themselves send their Proxies also by reason of their absence then may he send another Proxie and constitute one other or more Proctors for himself and in his stead to give his voice de Novo as the Lord Vaux did in A. 18. Jacobi Regis After those Bloody and Intestine Civil Wars which had been raised in England in the year 1642. and that Robert Earl of Essex General of the Forces raised by the two Houses of Parliament against the King had by the Power of the Independent Faction over ballancing those who desired the settling of the Presbyterian Government been laid aside and Sir Thomas Fairfax Knight placed in his Room the opposition between those two Parties in either House of Parliament growing every day higher and higher the Aged Earl of Mulgrave being an Enemy to all Faction and Innovation was much troubled that William Viscount Say and Seale the chief Promoter of the Independent Novelties did make use of his Proxie for the acting and passing those particulars which were contrary to the Judgment and Conscience of him the said Earl of Mulgrave And therefore my advise being desired by some of the Members of the House of Commons for the reminding him thereof I drew the Letter and Instrument ensuing being not only the first but the sole President also of this King which yet remains upon Record in the Office of the Clerk of the House of Peers To the Right Honourable the Speaker of the House of Peers pro Tempore My very good Lord I am humbly to request of your Lordship to communicate this my present Instrument under my hand and Seal to the House of Peers that it may be publickly there Read and remain upon Record in the Office of the Clerk of the same House Kenzington April 1646. I am Your Lordships humble Servant TO all Christian People to whom these presents shall come Edmund Earl of Mulgrave Greeting Know Ye that Whereas I the said Edmund Earl of Mulgrave have formerly constituted the Right Honourable William Viscount Say and Seal c. my lawful Actor and Procurator for me and in my name to give my Voice and Suffrage upon all such emergent Occasions as the same shall be requisite by the ancient Orders and Constitutions of the House of Peers That I do now by these presents Revoke and Vacate the Proxie by which I did formerly Constitute the said William Viscount Say and Seal my lawful Actor and Procurator as is aforesaid and do hereby declare the same Proxie to be utterly Annulled Vacated and Revoked to all intents and purposes whatsoever In witness whereof I have Signed and Scaled these presents this day of April in the 22th year of the Reign of our Sovereign Lord Charles by the Grace of God of England Scotland France and Ireland King etc. An. Dom. 1646. This Instrument was written and ingrossed in Parchment as a Deed Poll is and to it in a Libel of Parchment was the Seal of the said Earl of Mulgrave affixed and it was read and allowed in the House of Peers Soon after the allowance of the aforesaid Instrument the said Earl of Mulgrave sent this ensuing Proxie to the Earl of Essex who made use of it in the House of Peers and it was there allowed of without any the least question or dispute OMnibus Christi Fidelibus ad quos hoc presens Scriptum pervener it Edmundus Comes de Mulgrave Salutem Noveritis me prefatum Edmundum Comitem de Mulgrave per Licentiam Serenissimi Domini nostri Regis a presenti hoc suo Parliamento inchoat ' et tent ' apud Westmonasterium etc. sufficientèr excusatum abesse nominare ordinare et constituere dilectum mihi in Christo et honorandum Virum Robertum Comitem Essex meum verum certum et indubitatum Factorem Actorem seu Procuratorem per presentes eidemque procuratori meo dare concedere plenam Authoritatem potestatem pro me nomine meo de super quibuscunque causis negotiis in Presenti hoc Parliamento exponendis seu declarandis tractandi tractatibusque hujusmodi inibi factis seu faciendis consilium auxilium nomine meo impendendi statutisque etiam ordination ' quae ex maturo deliberato judicio Domincrum in eodem Parliamento congregat ' inactitart seu ordinari contiger in t nomine meo consentiendi Caeteraque omnia singula quae in praemissis necessaria fuerint seu quomodolibet requisita faciendi exercendi in tam amplis modo forma ut ego ipse facere possem aut deberem si presens personalitèr interessem Ratum Gratum habiturus totum quicquid Procuratormeus statuerit aut fecerit in praemissis In 〈◊〉 rei testimonium praesentibus subscripsi Sigillumque apposui Neither will it be impertinent to set down here how many Proxies were sent to some special Peers at this Parliament it having been my usual course to make some short remembrance of them in all their Journals of Queen Eliz's Reign upon the first day that any extraordinary Proxies were returned and I have caused not only the Presidents of this kind to be inserted here at large in respect this was the first Parliament of her Majesties Reign but also because they are more full and direct than any other that ensue to prove what hath been the ancient use and Priviledge of the Peers of the Upper House in the matter of sending and receiving of Lords Procuratory At first Nicolas Archbishop of York for the See of Canterbury remained still void since the Death of Cardinal Pool was constituted the sole or joynt Proctor of David Bishop of Peterborough Cuthbert Bishop of Durham Thomas Bishop of Ely Gilbert Bishop of Bath and Wells Henry Bishop of St. Davids and of Thomas Tresham Prior of St. Johns of Jerusalem all which Proxies are entred at the beginning of the Original Journal Book of the Upper House to have been returned on Monday the 23th day of January on which this present Parliament was Summoned to have begun Francis Earl of Bedford was also Constituted the sole or joynt Proctor of 15 several Peers viz. of John Lord Mordant William Lord Paget George Lord Zouch and of Henry Lord Aburgaveny all which Proxies are entred at the beginning of the Original Journal Book of the Upper House to have been returned this present Monday the 23th day of January He was also constituted the joynt Proctor of Edward Lord Clinton Lord Admiral Thomas Lord Sands William Lord Vaux of Heredoun William Lord Gray of Wilton and Henry Earl of Cumberland all whose Proxies are entred in such
order as they be here set down in the aforesaid Journal Book to have been returned on Saturday the 4th day of February The Proxies also of Edward Earl of Derby John Earl of Oxford Henry Lord Strange Thomas Viscount Howard of Bindon and Henry Lord Morley by which the said Earl of Bedford was Constituted their sole or joynt Proctor are entred in the same order they are Transcribed in the before mentioned Original Journal Book to have been returned on Saturday the 18th day of March ensuing And lastly the said Earl of Bedford was Constituted the joynt Proctor with Edward Lord Clinton Lord Admiral of Oliver Lord St. John of Bletto whose Letters Procuratory are entred to have been returned on Tuesday the 4th day of April ensuing Edward Lord Clinton Lord Admiral was Constituted the sole Proctor of William Lord Burgh Edward Lord Windsor and William Lord Euers whose Proxies are entred at the beginning of the Original Journal Book of this Parliament to have been returned on this Monday the 23th day of this January He was also Constituted the joynt Proctor of William Lord Grey of Wilton whose Proxie is entred as aforesaid to have been returned on Saturday the 4th day of February ensuing the Proxie also of Francis Earl of Huntington is entred as before to have been returned on Saturday the 18th day of March following by which he Constituted the said Lord Clinton his joynt Proctor with Henry Lord Hastings And for the Proxie of John Lord Darcie of Darcie entred there as before to have been returned on this day likewise he is Constituted his sole Proctor And lastly the said Lord Clinton Lord Admiral was Constituted the sole or joynt Proctor of William Lord Willoughby of Parham Edward Lord Hastings of Louthbury and of Oliver Lord St. John of Blestoe whose Proxies are entred to have been returned on Tuesday the 4th day of April ensuing By these three foregoing Presidents it doth plainly appear as also from all other Presidents of former and latter times that any Member of the Upper House by the ancient usage and Custom of the same is capable of as many Proxies as shall be directed unto him although there were an Order made in the said House to the contrary upon the day of Anno Regis Caroli An. Dom. 1626. That no Lord cr Member whatsoever of the Upper House should for the time to come be capable of above two Proxies at the most which said order was occasioned in respect that George Duke of Bucks both the favorite of the King deceased and of King Charles now Reigning this present year 1630 did to strengthen himself by voices not only procure divers persons to be made Members of that House but also ingrossed to himself near upon 20. several Proxies And now if this doubt or conceipt should arise in any mans mind that therefore the Lords have a greater Priviledge than the Members of the House of Commons because they can appoint others to serve in and supply their places in their absence which the Commons cannot they are much deceived and mistaken for it is plain that the chief end of a Proxie is that the Upper House may have all its Members either in person or by representation and therefore the Lords Spiritual and Temporal who are Summoned thither in their own right have anciently had and still do retain the liberty of Constituting their Procurators whereas every Member of the House of Commons appeareth and doth serve in the right of that County City Burrough and Port for which he is Elected and Chosen which being a Trust and Confidence reposed in them can be no more transferred from him to a third person than can the Proxie of the Lords be from him to whom it is directed if he shall be absent likewise and therefore if any Knight Citizen Burgess or Baron after he is Elected and returned shall before the meeting of the House be disabled by Sickness Attainder or other Cause from serving in the same then presently order is given from the House to the Clerk of the Crown for the sending thither a second Writ for a new Election so that the said House may not remain without any Member that appertains unto it And this I conceive Tantamount unto a Proxie which cannot be granted but when the absence of the Lord that sends it is perpetual during that whole Parliament or Session for which he Constitutes one or more Proctors for if he repair to the Upper House any time after and serve in Person his Proxie is presently void On Wednesday the 25th day of Ian. the Parliament was held according to the last Prorogation thereof on Monday the 23th day of this instant Ianuary foregoing and therefore this day is to be reckoned the first day of the Parliament and it was the error of Seimour Esq at this time Clerk of the House of Commons that in the Original Journal Book of the same House fol. 186. a. he accounteth and setteth down the Parliament to have begun on the aforesaid 23th day of Ianuary when it was only prorogued by which he would make that to be the first day thereof True it is that Anciently if the Parliament had been Prorogued on that day to which the Summons thereof had referred in the beginning of it they were so far from accounting that day the first of the ensuing Parliaments that new Writs of Summons were thereupon sent forth and a new day appointed for the beginning thereof as appears in the Parliament Rolls Anno 23. Edw. 1. die 20. Novemb. An. 60. Edw. 1. die 11. Decembris A. 33. Edw. 1. die 13. Julij A. 11. Edw. 2. die 3. Martij But yet it hath been the constant usage most Anciently and doth doubtless hold at this day also that if the King do come in Person to the Parliament on that day to which the Writs of Summons do refer and there cause it to be referred to another day in his own presence then shall that day be accounted the first day of the Parliament of which there are many Presidents also in the Parliament Rolls still remaining in the Tower of London prout in A. 6. Edw. 3. Octobris Sti ' Hillarij A. 14. Edw. 3. tempore Quadragessimi A. 15. Edw. 3. Quindena Paschae and of divers other Parliaments in his time and in the time of King R. 2. his Successor And thus also the last day of the Parliament or of any particular Session is counted to be that on which the Royal assent is given to one or more Acts of Parliament yet if that Parliament or Sessions be adjourned to another day on which the Sovereign doth again come in Person and cause it to be dissolved or further Prorogued then that latter day is to be accounted the last day thereof of which there is one only President during all the Reign of Queen Eliz ' viz. in the Original Journal Book A. 18. Dictae Reginae on Thursday the 15th day of March. The
was Prorogued on Saturday the 10 th day of April then next following together with the Solemn and Royal manner of her Majesties passing to the House of Lords on either of the said Days are for the most part transcribed out of several Anonymous Memorials thereof I had in my Custody being doubtless the very Original Draughts or Autographs set down by some observant Member of one of the Houses or by some other person then present in the Upper House for it was written in a hand of that time and much interlined The Parliament was Summoned to begin at Westminster on Monday the 11 th day of Jan. An. 5 Regin Eliz. An. D. 1562. upon which day Sir Nicholas Bacon Knight Lord Keeper of the Great Seal of England with divers other Lords repaired to the Parliament Chamber commonly called the UpperHouse and then and there in presence of the Lords Spiritual and Temporal and of the Knights Citizens and Burgesses Summoned to the same Parliament the Lord Keeper declared that the Queens Majesty by reason of the evil disposition of her Health could not be present this 11 th day of January and that she hath therefore been pleased to Prorogue the same until to Morrow being the 12 th day of the same And to this purpose a Writ Patent under the Great Seal of England whereby the said Parliament was Prorogued unto the 12. day of this Instant Jan. was read publickly by the Clerk of the Upper House in these words following Elizabeth Dei gratia Angliae Franciae Hiberniae Regina fidei desensor c. praedilectis sidelibus nostris Praelatis Magnatióus Proceribus Regni nostri Angliae dilectis sidelibus nostris Militibus Civibus Burgen dicti Regni nostri ad Parliamentum nostrum apud Civitatem nostram Westmonasterii undecimo die instantis mensis Jan. inchoand tenend convocatis electis vestrum cuilibet salutem Cum nos pro quibusdam arduis urgentibus negotiis nos statum defensionem dicti Regni nostri Angliae Ecclesiae Anglicanae concernent dictum Parliamentum nostrum ad diem locum praedict teneri ordinaverimus Ac vobis per separalia Brevia nostra apud Civitatem die praedict interesse mandaverimus ad tract and. consentiend concludend super hiis quae in dicto Parliamento nostro tune ibidem proponcrentur tractarentur Quibusdam tamen certis de causis considerationibus nos ad tempus specialiter movent dictum Parliamentum nostrum usque duodecimum diem hujus instantis Mensis Jan. duximus prorogand it a quod nec vos nec aliquis vestrum ad dictum undecimum diem Jan. apud Civitatem praedictam comparere teneamini seu arctemini volumus enim vos quemlibet vestrum inde erga nos penitus exonerari Mandantes tenore praesentium firmiter injungendo praecipientes vohis cuilibet vestrum ac omnibus aliis quibus in hac parte intererit quod ad dictum duodecimum dicm Januarii 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 Deo contigerint ordinari Teste me ipsâ apud Westmonasterium nono die Januarii anno Regni nostri quinto This day although the Parliament began not nor any Peers sate in the Upper House but the Lord Keeper and some others of either House met only in the Parliament Chamber to Prorogue the Parliament unto the 12. day of this Instant Month as aforesaid were divers Proxies returned from many of the Lords both Spiritual and Temporal who in their absence did constitute others to give their Voices for them Nota That the Duke of Norfolk was Constituted the sole or joint Proctor of four several Peers and Francis Earl of Bedford was nominated the sole or joint Proctor of seven several Lords whereof one was Thomas Archbishop of York and another of them was William Bishop of Exeter By which it doth appear not only that a Spiritual Lord did Constitute a Temporal which at this day is altogether forborn as also for a Temporal Lord to Constitute a Spiritual which was but rarely used during this Queens Reign but likewise that any Peer of the Upper House by the ancient and undoubted usages and Custom of the same is capable of as many Proxies as shall be sent unto him On Tuesday the 12. day of January the Parliament held according to the Prorogation on yesterday foregoing and about eleven of the Clock in the Forenoon the Queens Majesty took her Horse at the Hall Door and proceeded in manner as followeth First All Gentlemen two and two then Esquires Knights and Bannerets and Lords being no Barons or under Age. Then the Trumpeters sounding Then the Queens Serjeant M r Carus in his Circot-Hood and Mantle unlined of Scarlet Then M r Gerrard the Queens Attorney and M r Russell Sollicitor Then Anthony Browne Justice of the Common Pleas and M r Weston of the Kings Bench. Then the Barons of the Exchequer Then M r Corbett and M r Whidon two Justiees of the Kings Bench. Then Sir Thomas Saunders Chief Baron of the Exchequer and Sir James Dyer Chief Justice of the Common-Pleas Then Sir William Cordall Master of the Rolls in his Gown and Sir Robert Catlin Chief Justice of the Kings Bench and these Justices and Barons of the Exchequer in their Scarlet Mantles Hood and Circot edged with Miniver the Mantle shorter than the Circot by a foot Then Knights Counsellors in their Gowns as Sir Anthony Cooke Sir Richard Sackvile Sir William Peeters and Sir Ambrose Cane Then Sir William Cecill Chief Secretary and Sir Edward Rogers Comptroller Then William Howard bearing the Queens Cloak and Hat Then Barons in all forty but there in number 30. a. St. John of Bletso Hunsdon Hastings of Loughborough Chandois North Effingham but now as the Lord Chamberlain Darcy of Chicke Paget Sheffield Willoughby Rich Wharton Evers Cromwell St. John Mordaunt Borough Wentworth Windsor Vaux Sands Mountegle Darcy of Menell Ogle Mountjoy Lumley Latimer Scroope Grey of Wilton Stafford Cobham Dacres of the North Dacres of the South Morley Barkley Strange Zouch Audeley Clinton but now Lord Admiral and Bargaveny their Mantles Hoods and Circot furr'd and two Rows of Miniver on their right Shoulder Then proceeded the Bishops all that were there present were but twenty two as Glocester and St. Asaph Chester Carlisle and Peterborough Norwich and Exeter Lichfield and Coventry Bath and Wells Rochester and St. Davids Salisbury and Lincoln Bangor and Worcester Ely and Hereford Landaffe Chichester and Winchester Durham and London their Robes of Scarlet lined and a Hood down their back of Miniver Then the Viscounts their Robes as the Barons but that they had two Rows and an half of Miniver as the Viscount of Bindon absent Viscount
and there seemeth to be but one direct President of it which is entred in the Original Journal-Book de An. xxv Henr. 8. die Mercurii 4 die Februarii in these words viz. Hodie Dominus Cancellarius co quod die crastino Domini circa ardua negotia in Camerâ Stellatâ consultaturi Domini spirituales die Veneris in convocatione convers fuerint ex consensu totius Domus continuavit hoc praesens Parliamentum in diem Sabbati horâ consuetâ By which President also it may be plainly collected that the House did sometimes forbear sitting on Convocation Days when the Lords Spiritual were absent Of which also there is another President in the Original Journal-Book of the Upper-House de an 7 Hen. 8. die 30 Novembris where it is thus entred Dominus Cancellarius propterea quod Domini spirituales in Convocatione crastino die occupandi sunt continuavit praesens Parliamentum usque ad diem Lunae But notwithstanding these Presidents it is plain that the other Lords may sit if they please on Convocation days or Star-Chamber-Days For as touching the first it is plain by the Original Journal-Book de an 1 Hen. 8. that the Temporal Lords sat every Convocation Day though they did no other business than receive Bills from the Commons And for the second there is an Excellent President tempore Jacobi Regis to prove that the Lords of the Upper-House are not bound to observe Star-Chamber-Days though usually they do for it appears plainly by the Original Journal-Book de an 18 Regis ejusdem die Martis 24 die Aprilis that upon a motion made that day unto the House that there was a great Cause in the midst of hearing to be heard in the Star-Chamber the day following being Wednesday the Lords were contented to forbear sitting that day but withal it was provided that it should not be drawn into a President but that the House being the supream Court may sit upon any Star-Chamber day notwithstanding the absence of such Lords as do use to attend that Court And accordingly the House was Adjourned unto the next day being Wednesday in the Afternoon And the next Star-Chamber Day being Friday the 26 th day of April the House did sit both in the Forenoon and in the Afternoon Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in diem Jovis prox hora nona On Thursday the 28 th day of January the Lords Spiritual and Temporal Assembled but nothing was done save only the Parliament continued in usual Form usque in diem Sabbati hora nona On Saturday the 30 th day of January the Bill for Assurance of certain Lands assumed by the Queens Majesty during the Vacation of Bishopricks was read secunda vice although not mentioned through the negligence of the Clerk commissa Archiepiscopo Eboracen Duci Norfolciae Marchion Northampton Comiti Salop. Comiti Derby Comiti Rutland Comiti Huntington Comiti Bedford Comiti Pembroke Episcopis London Dunelm Winton Hereford Elien Domino Clinton Admirallo Domino Howard de Effingham Camerario Domino Dacres de Gillesland Domino Lumley Domino Rich Domino Willoughby Domino Hastings de Loughborough Domino Hunsden ac dnobus primariis Justiciariis Primario Baroni Scaccarii Nota That here the Judges who are but Assistants unto the Upper House are made joint Committees with the Lords see also a like President on Tuesday the 26 th day of this Instant January foregoing Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in diem Lunae prox hora nona On Monday the first day of February the Lords Spiritual and Temporal Assembled but nothing was done save only the Parliament continued in usual Form usque in diem Mercurii prox hora nona On Wednesday the 3 d of February the Lords also Assembled but nothing was done save only the Parliament continued by the Lord Keeper usque ad diem Sabbati prox hora nona On Saturday the 6 th day of February to which day the Parliament had been on Wednesday last continued a Bill against forging of Evidences and Writings was read the first time On Monday the 8 th day of February the Bill against forging of false Deeds and Writings was read the second time commissa ad ingrossand On Tuesday the 9 th of February the Bill touching Pewterers was read the first time Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in diem Jovis prox hora nona On Thursday the 11 th day of February the Bill against forging of false Deeds and Writings was read tertia vice conclusa and sent down to the House of Commons by the Queens Attorney and Sollicitor On Monday the 15 th day of February to which day the Parliament had been on Thursday last continued The Bill touching Fines to be levyed in the County Palatine of Durham The Bill against carrying over Sea of Sheep Skins and Pelts not being Staple Ware And the Bill to revive certain Statutes Repealed for Servants robbing their Masters the punishment of the Vice of Buggery against fond and phantastical Prophecies and for the punishment of Invocation of evil Spirits Inchantments Witchcrafts and Sorceries were brought from the House of Commons and each of them read prima vice Two Bills also had each of them their first and second reading of which the latter being the Bill for the Restitution in Blood of Thomas Brooke William Cromer and Cutbert Vaughan and others commissa fuit Domino primario Justiciario Com. Placitor On Tuesday the 16 th day of February the Bill for Restitution in Blood of Anne Thomas The Bill for Restitution in Blood of the Heirs of Thomas Isely And the Bill for Restitution in Blood of Thomas Diggs were each of them read primâ secundâ tertiâ vice conclus and were with two others sent down to the House of Commons by Serjeant Carus and the Queens Attorney Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in diem Crastinum hora nona On Wednesday the 17 th day of February the Lords Spiritual and Temporal Assembled but nothing was done save only the Parliament continued by the Lord Keeper in usual Form usque in diem crastinum hora nona On Thursday the 18 th day of February the Bill touching Fines to be levied within the County Palatine of Durham and the Bill against carrying of Sheep Skins and Pelts over the Seas not being Staple Wares were each of them read tertia vice conclusae On Saturday the 20 th day of February to which day the Parliament had been on Thursday last continued Three Bills were brought up to the Lords from the House of Commons of which the first being the Bill of one Subsidy and two Fifteens and Tenths granted by the Temporalty was read the first time The Bill for Assurance of certain Lands to Sir Francis Jobson was read the first time whereupon the Lords took Order that the Learned Counsel
although it be not very usual yet there want not divers Presidents Vide April the 20 th Friday postea Nota also That here the Judges being but Assistants unto the Upper House are made joint Committees with the Lords which is usually found in all these Parliaments of her Majesties Reign until the thirty ninth of the same Dominus Custos magni Sigilli adjournavit praesens Parliamentum until to Morrow at eight of the Clock On Friday the 6 th day of April Three Bills of no great moment had each of them one reading of which the third touching Receivers c. deceiving the Queen of her Treasure was read secundâ vice commissa to the Earl of Hunt the Earl of Bedford the Earl of Leicester the Bishop of Rochester the Bishop of Salisbury the Bishop of Lincoln the Lord Hastings of Loughborough the Lord North the Lord Hunsdon and to the Queens Attorney and M r Sollicitor Nota That here the Queens Attorney and Sollicitor who are but meer Attendants upon the Upper House are made joint Committees with the Lords Dominus Custos magni Sigilli adjournavit praesens Parliamentum in diem Crastinum hora nona On Saturday the 7 th day of April the Lords Assembled according to the last Adjournment and the Lord Keeper being absent Dominus Clinton vicem gerens Senescalli ex mandato Dominae Reginae continuavit praesens Parliamentum usque in diem Lunae proximum hora nona April the 8 th Sunday On Monday the 9 th day of April Two Bills had each of them one reading of which the first being the Bill against such as shall bring in any Bulls c. was read prima vice and committed unto the Earl of Sussex the Earl of Huntington the Earl of Pembroke and others and to the Chief Justices of the Common-Pleas Justice Southcot and Justice Carus Nota That the Judges who were but meer Assistants unto the Upper House are here made joint Committees with the Lords Vide consimise Apr. 5. Thursday And the second touching Receivers Collectors c. was read the second time eisdem Dominis quibus primò commissa fuit denuò committitur Nota That this Bill was read before the second time on Friday the 6 th day of this instant April foregoing and committed and therefore it should seem that this Bill was not now read again the second time but only some additions or amendments thereunto annexed by the Committees and thereupon the Bill was again referred unto them to be further considered of For that Sir Nicholas Bacon Knight Lord Keeper of the Great Seal of England was sick her Majesties Letters Patents were read Authorizing Sir Robert Catlin Chief Justice of England to supply the place of the said Lord Keeper at all times when the Lord Keeper during this present Parliament shall be absent The tenor of which here followeth verbatim ELizabeth by the Grace of God Queen of England France and Ireland Defender of the Faith c. To our Trusty and Right Well-beloved Sir Robert Catlin Knight Chief Justice of our Common-Pleas before us to be holden Greeting Where our Right Trusty and Right Well-beloved Councellor Sir Nicholas Bacon Knight Lord Keeper of our Great Seal of England is at this time so visited with Sickness that he is not able to travel to the Upper House of this our present Parliament holden at Westminster nor there to supply the room and place in the said Upper House amongst the Lord Spiritual and Temporal there Assembled as to the Office of the Lord Chancellor or Lord Keeper of the Great Seal of England hath been accustomed We therefore minding the same place and room to be supplied in all things as appertaineth for and during every time of his absence have named and appointed you and by these Presents do Constitute name appoint and authorize you from day to day and time to time when and so often as the said Lord Keeper shall happen at any time or times during this present Parliament to be absent from his accustomed place in the Upper House to occupy use and supply the room and place of the said Lord Keeper in the said Upper House amongst the said Lords Spiritual and Temporal there Assembled at every such day and time of his absence and then and there at every such time to do and execute all such things as the said Lord Keeper of the Great Seal of England should or might do if he were there personally present using and supplying the same room Wherefore we will and Command you the said Sir Robert Catlin to attend to the doing and Execution of the Premises with effect And these our Letters Patents shall be your sufficient Warrant and discharge for the same in every behalf In witness whereof we have caused these our Letters to be made Patents Witness our selves at Westminster the 9 th day of April in the Thirteenth Year of our Reign Powle Nota That this Commission is in one respect very exotick and unusual because it doth not only give Authority to the Lord Chief Justice to supply the Lord Keepers place until his recovery and return to Parliament as is ordinary in other Commissions but it doth further authorize him to supply the said Lord Keepers place at any time during this Parliament when he shall be absent as well as at this present whence in this ensuing Journal it is frequent that sometimes the Lord Keeper and sometimes the Lord Chief Justice though seldomer without any new Commission do in their several turns continue the Parliament Robertus Catlin Miles Dominus Capital Justiciarius Banci Regis continuavit praesens Parliamentum usque in diem Crastinum hora nona On Tuesday the 10 th day of April Billa de novo reformata per Dominos quibus pridie committebatur touching the bringing in of any Bulls or other Writings from the Bishop of Rome was read the first time The new Bill touching Receivers Treasurers Collectors c. defrauding the Queens Majesty of her Treasure was read the first time The Bill touching the Confirmation of the Attainder of Charles Earl of Westmerland Thomas Earl of Northumberland and others was read the first time The Lords requested to have Conference with certain of the House of Commons touching a Bill brought to them concerning matters of Religion whereupon Committees were appointed viz. the Archbishop of Canterbury the Marquess of Northampton and others The Lord Keeper continued the Parliament usque in diem Crastinum horâ Octavâ On Wednesday the 11 th day of April it was Ordered by the House that the Lords Committees for the Bill of Bankrupts may call unto them such of the House of Commons and others as they shall think good which may best inform touching any doubt or other matter that may rise upon the said Bill Two Bills also had each of them their second reading of which the second being the new Bill against the bringing in of Bulls was read the second time commissa Justiciario
to be engrossed because it had been formerly sent from the House of Commons Five Bills were brought up to the Lords from the House of Commons of which one was the Bill touching Mary Daughter and Heir of James the Fifth late King of Scots commonly called the Queen of Scots and another for the Reformation of the inordinate length of Kersies Nine Bills also of no great moment had each of them one reading of which the first being the Bill for the better assurance of Gifts Grants c. made and to be made to and for the relief of the Poor in the Hospitals within and near unto the City of London of Christ Bridewell and S t Thomas the Apostle with a Proviso and certain amendments added by the Lords was Ordered to be ingrossed And the second being for avoiding of Recoveries suffered by Collusion of Tenants for term of life and such others was read tertia vice conclusa commissa Sollicitatori Reginae Doctori Lewes in Domum Communem deferend On Friday the 27 th day of June Three Bills were brought up to the Lords from the House of Commons of which the last being the Bill for the continuance of certain Statutes with certain amendments and a Schedule thereunto annexed being thrice read was concluded The Bill for the Explanation of the Statute for Fugitives over the Seas with a new Proviso added by the Lords and the Bill touching the Free-School of Tunbridge with a new Proviso were each of them read tertia vice conclus Commis Sollicitatori Reginae in Domum Communem deferend Memorand Quod hoc praesenti 27 die Junij Anno Regni Elizabethae Reginae 14. Andreas Fisher de Graies-Inne in Com. Midd. Gen. Henricus Fisher de Greves-Norton in Com. Northampton Gen. coram Domina Regina in Cancellaria sua personaliter constituti recognoverunt se debere Johanni Ryvers Civi Aldermanno de London tres mille libras legalis Monetae Angl. solvend eidem Johanni c. nisi fecerint c. The Condition of this Recognizance is such That if they above-bound Andrew Fisher and Henry Fisher and either of them and the Heirs and Assigns of them or either of them do well and truly stand to perform and accomplish and cause to be performed and accomplished all such award order and direction as shall be made and Ordained by the Right Honourable Thomas Earl of Sussex Francis Earl of Bedford Robert Earl of Leicester and William Lord Burleigh or any three of them for and concerning all and singular those Messuages Lands Tenements and Hereditaments which heretofore were bargained and sold by Henry Fisher Father of the said Andrew and Henry to one Richard Smith Citizen of London and now or late in the Tenure or Occupation of John Rivers Citizen and Alderman of London or of any his Tenants or Farmors and for the right Title Inheritance and Possession of the same so that the said award order or direction be had and made in writing under the hands and Seals of them or three of them on this side and before the Nativity of our Lord next coming That this Recognizance to be void otherwise to remain and abide in his full force strength and effect Memorand That the two Brethren Recognitors in consideration that Alderman Ryvers his Cause touching the purchasing of certain Lands bona side mentioned in the said Bill Exhibited in this Parliament for the said School may remain unholpen and be excepted out of the said Bill were contented and by way of Petition have submitted themselves to abide the Order and Determination of the Earl of Sussex the Earl of Bedford the Earl of Leicester and the Lord Burleigh or three of them so as the same be made on this side the Feast of the Birth of our Lord God next For the more sure performance whereof not only they acknowledged this Recognizance of three thousand pound but also of their own offer they yielded their Bodies to be Prisoners in the Queens-Bench where the Elder Brother then remained by force of an Execution at a Strangers Suit there to remain until they did bring before the Lord Keeper of the Great Seal sufficient Sureties with them to be bound by Recognizance in the said sum of three thousand pound for the same Nota That it should seem this business concerned the Free Grammar-School of Tunbridge mentioned on Monday the 9 th day Tuesday the 10 th day and on Wednesday the 11 th day of this instant June foregoing in respect that certain Lands were to be purchased for it by the before-mentioned John Rivers Alderman of London and thereupon this Recognizance with the Condition thereof came to be entred in the Original Journal-Book of the Upper House de an isto 14 Reginae Eliz. Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in horam secundam post meridiem About which hour the Lord Archbishop of Canterbury and divers other Lords meeting in the absence of the Lord Keeper it doth not appear in the Original Journal-Book of the Upper House that any thing was done but only the Parliament continued in manner and form following viz. Dominus Primarius Justiciarius Banci Regis continuavit praesens Parliamentum usque in diem Crastinum hora octava On Saturday the 28 th day of June Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in horam secundam post Meridiem About which hour the Lord Keeper and divers other Lords both Spiritual and Temporal meeting The Bill for the assurance of certain Lands and Tenements to the maintenance of a Sermon to be had in the Church of S t Paul in London for ever was read tertia vice conclusa Two Bills were brought up to the Lords from the House of Commons of which the first being the Bill for the assurance of certain Lands and Tenements to the maintenance of a Sermon to be had in the Church of S t Paul in London for ever was read tertia vice conclusa The Bill for the assurance of certain Lands for the maintenance of the Poor in the Hospitals was read tertia vice conclusa with a new Proviso added thereunto by the Lords and commissa Doctori Lewis Doctori Huick in Domum Communem deferend The Bill against the excessive length of Kersies was read secunda tertia vice conclusa Two Bills were brought up to the Lords from the House of Commons of which the first being the Bill for the assurance of Gifts Grants c. made for the relief of the Poor in Hospitals c. was returned conclusa The Bill for the repeal of a Statute made an 8 Reginae Eliz. for the Town of Shrewsbury was read tertia vice with a Proviso added thereunto by the Lords quae conclusa est and sent to the House of Commons by D r Lewis and D r Huick On Monday the 30 th day of June to which day the Parliament had been on
Saturday last continued The Bill for the reviving of a Statute made an 8 Eliz. for the Town of Shrewsbury was returned from the House of Commons conclusa The Bill against delays in Judgment in the Common Law was read secunda vice but there is no mention made that it was either Ordered to be ingrossed or referred to Committees because it had been sent from the House of Commons on Saturday the 28 th day of this instant June immediately foregoing In the Parliament Chamber where the Lords Spiritual and Temporal Assembled the day abovesaid in an 14 Regin Eliz. c. Whereas upon Complaint and Declaration made to the said Lords Spiritual and Temporal by Henry Lord Cromwell a Lord of the Parliament that in a Case between one James Tavernor against the said Lord Cromwell depending in the Court of Chancery for not obeying to an Injunction given in the said Court of Chancery in the absence of the Lord Keeper of the Great Seal at the Suit of the said Tavernor the person of the said Lord Cromwell was by the Sheriff of the County of Norfolk attached by virtue of a Writ of Attachment proceeding out of the said Court of Chancery contrary to the antient priviledge and immunity time out of memory unto the Lords of Parliament and Peers of this Realm in such case used and allowed as on the behalf of the said Lord Cromwell was declared and affirmed wherein the said Lord Cromwell as a Lord of Parliament prayed remedy Forasmuch as upon deliberate Examination of this Case in the said Parliament Chamber in the presence of the Judges and other of the Queens Majesties Learned Council there attendant in Parliament and upon Declaration of the opinions of the said Judges and Learned Council there hath been no matter directly produced or declared whereby it did appear or seem to the said Lords of Parliament there Assembled that by the Common Law or Custom of the Realm or by any Statute Law or by any President of the said Court of Chancery it is warranted that the person of any Lord having place and voice in Parliament in the like case in the said Court of Chancery before this time hath been Attached so as the awarding of the said Attachment at the Suit of the said Tavernor against the said Lord Cromwell for any thing as yet declared to the said Lords appeareth to be derogatory and prejudicial to the antient priviledge claimed to belong to the Lords of this Realm Therefore it is the day and year aforesaid Ordered by consent of all the said Lords in Parliament there Assembled that the person of the said Lord Cromwell be from henceforth discharged of and from the said Attachment Provided nevertheless and so is the mind of the said Lords in Parliament plainly by them with one assent declared That if at any time during this Parliament or hereafter in any other Parliament there shall be shewed sufficient matter that by the Queens Prerogative or by the Common Law or Custom of this Realm or by any Statute Law or sufficient Presidents the person of any of the Lords of Parliament in such Case as this Case of the Lord Cromwell is ought to be attached or attachable then and from thenceforth it is by this order intended that to take place which so shall be shewed and warranted as above is said This Order or any thing therein to the contrary notwithstanding In the Original Journal-Book of the Upper House is no entrance of any continuance of the Parliament which seemeth to have been omitted through the negligence of Anthony Mason Esq at this time Clerk of the same House although it may very easily be gathered that the Parliament was continued unto some hour in the Afternoon of this present day and most probable it is that it was continued by the Lord Keeper because it appeareth without all question that he was present in the Afternoon Post Meridiem In the Afternoon the Queens Majesty as may easily be gathered was present with the Lord Keeper and divers Lords Spiritual and Temporal but their names through the great negligence of the above-named Anthony Mason Esq are not at all noted with the mark of being present neither are any of the passages of this Afternoon there entred saving only the Adjournment of the Parliament although it be most certain that her Majesty being present this Afternoon did put an end to this Session of Parliament by giving her Royal Assent to thirteen publick Acts and four private But yet there passed no Bill of her Majesties free and general pardon to the Subject nor of any Subsidies from them to her Majesty and the reason of it is plain because this Session of Parliament although some Statutes did of course pass in it was doubtless convocated chiefly for that great business touching the Scottish Queen of which there are divers passages in this proceeding Journal which see on Monday the 12 th day and on Wednesday the 28 th day of May on Tuesday the 10 th day and on Thursday the 26 th day of this instant June foregoing And therefore now lastly as touching the manner of her Majesties giving her Royal Assent to such Acts as passed in respect that it is matter of form and seldom differeth it is therefore supplied omitting that only which concerns the Bills of Subsidy and Pardon out of a draught thereof set down in the end of the Original Journal-Book of the Upper House in the Parliament de an 39 Regin Eliz. although it be omitted in that of this present Session of Parliament To every publick Act that passed after that it had been read the Clerk of the Upper House standing up did openly pronounce her Majesties Allowance in these French words following La Roigne le veult To every private Act that passed the said Clerk read the Queens Answer in these French words following Soit fait come il est desiré These two last Answers to the publick and private Acts that pass are to be written by the said Clerk at the end of every Act. To such Acts as her Majesty doth forbear to allow the Clerk of the Parliament read in these French words following La Roigne s'advisera The several Acts being thus passed the next matter that followed was the Adjournment of the Parliament which is Entred in the Original Journal-Book of the Upper House in the manner and form following Dominus Custos magni Sigilli ex Mandato Dominae Reginae adjournavit praesens Parliamentum usque in festum omnium Sanctorum proximum futurum By the Entrance of which Adjournment it doth plainly appear that her Majesty was present in respect that it is said that the Lord Keeper Adjourned the Parliament ex mandato Dominae Reginae And it is also worthy the observation that as the greatest part of the passages of this foregoing Monday on which this Session of Parliament ended are through the great negligence of Anthony Mason Esq at this time Clerk of the Upper House
M r Mounson M r Yelverton M r Cooper M r Beamond M r Sampole and M r Knyvet were appointed to meet at the Savoy at three of the Clock this Afternoon at M r Chancellors of the Dutchy for Conference in the Bill of fraudulent Conveyances of Lands On Wednesday June the 4 th Five Bills of no great moment had each of them one reading of which the last being the new Bill for assurances by Corporations was read the first time The Bill also for the City and Soke of Winchester was read the second time and Ordered to be ingrossed Upon the Question it was Ordered by this House that the Lord Compton do before the Committees make his Answer to Morrow in the Afternoon in the Star-Chamber at three of the Clock Unto the Bill Exhibited by the Earl of Kent which was in open Court signified unto the Lord Compton and upon another Question day was given unto both the said Parties with their Councel to be here present at the report of the Committees upon Friday next in the Morning unless the same Committees shall upon further motion of this House for that purpose in the mean time pray Saturday M r Serjeant Barham and M r Doctor Huick did bring from the Lords the Bill to revive an Act against the transporting of Leather Tallow and Raw-Hides M r Treasurer M r Comptroller and M r Chancellor of the Dutchy were added to the former Committees for the Earl of Kent his Bill The Bill for the true making proving and marking of Calivers and the Bill for the School of Tunbridge were each of them read the third time and passed the House and were with two others sent up to the Lords by M r Chancellor of the Dutchy and others The Bill against such as shall keep or detain from the Queens Majesty any Castles Fortresses c. The Bill against such as go about to enlarge any Person Imprisoned for Treason and the Bill for annexing of Hexam and Hexamshire to the County of Northumberland were each of them read the second time but no mention is made that they were either referred to Committees or Ordered to be ingrossed because they had been formerly sent from the Lords On Thursday the 5 th day of June Three Bills of no great moment had each of them one reading of which the first being the Bill for the Severance of the Sheriffs in the Counties of Surrey and Sussex was read the first time The Bill for the City of Worcester was read the third time and was rejected upon the Division of the House with the difference of six persons Five Bills of no great moment had each of them their third reading and passed the House and were sent up unto the Lords by M r Treasurer and others of which one was for Partition of Lands between the Lord Latimer and Sir Robert Wingfeild Knight and another for Plumstead Marsh. M r Serjeant Barham and M r Attorney General did bring from the Lords the Bill against Mary the Daughter and Heir of James the Fifth late King of Scots commonly called the Queen of Scots with Recommendation of the said Bill from their Lordships and pray a present reading thereof this day And did further signifie the time of the Year considered the Queens Majesties pleasure is that this House do proceed in that and other weighty Causes laying apart all private matters Vide Thursday 26 th of June postea The Bill against Mary commonly called the Queen of Scots was read the first time On Friday the 6 th day of June the Bill for Coggshall Cloaths was read the second time and Ordered to be ingrossed The Serjeant was commanded by the House to warn Andrew Fisher that he make his personal appearance here presently this Forenoon immediately after that the Lords now dealing in the Committee of his Cause shall have left off their present Conference And Sir Thomas Scott M r S t Leger M r Norton and others of the Committees of this House in the matter before the Bill passed were presently sent from this House to the said Lords Committees to inform them of the former proceedings of the said Committees of this House in the matter Four Bills had each of them one reading of which the last being the new Bill against fraudulent Gifts and Conveyances of Lands was read the first time The Bill against the bringing in of Foreign Wares forbidden was stayed the third reading till another time The Bill against Mary commonly called the Queen of Scots was read the second time M r Chancellor of the Dutchy M r Chancellor of the Exchequer M r Serjeant Manwood Mr. Attorney of the Dutchy Mr. Attorney of the Court of Wards Mr. Popham Mr. Mounson Mr. Yelverton and Mr. Norton to have Conference for the understanding of the Bill against Mary commonly called the Queen of Scots to meet this Afternoon and all Arguments to be received as upon the second reading of the Bill until it shall be read the third time It is Ordered by the House to sit at Afternoons from three of the Clock till six and to proceed but only in private Bills and not to go to the Question of any such Bill if it concern any Town or Shire unless the Knights of such Shire or Shires or the Burgesses of such Town or Towns shall then be present Andrew Fisher being called this day to the Bar and charged with certain Objections was further Adjourned to make his appearance here in this Court to Morrow next coming Post Meridiem In the Afternoon two Bills of no great moment had each of them their first reading of which the second was the new Bill for Weights and Measures Mr. Weekes and Mr. Dennis with their Councel were appointed to be heard to Morrow at three of the Clock in the Afternoon and Dennis at his peril for the other to be heard in his absence Day was given to the Earl of Kent and the Lord Compton with their Councel on both sides to be heard to Morrow at four of the Clock in the Afternoon On Saturday the 7 th day of June Eight Bills of no great moment had each of them one reading of which the last being the Bill against covenous Vouchers and another for Woodstock were each of them read the second time and Ordered to be ingrossed The Bill for Sir William Harper Knight was read the first time being a new Bill Mr. Attorney and Mr. Doctor Huick brought from the Lords the Bill against such as do withhold from the Queens Majesty any Forts c. with certain Amendments by their Lordships added unto the former Amendments of this House Mr. Coleby and Mr. Flowerdew were added to the former Committees in the Bill against Mary commonly called the Queen of Scots Post Meridiem In the Afternoon the Bill that none serving any Subject shall be a Justice of Peace or High Constable was read the first time The Bill for repairing the Wayes and Bridges near Oxford was read
instante decimo quarto die Septembris dissolutum determinatum sit per has literas nostras patentes idem Parliamentum nostrum penitus dissolvimus determinamus Et ideo vobis mandamus quòd circa praemissa diligenter intendalis ac ea in forma praedicta effectualiter expleatis exequamini Volumus etiam concedimus quòd omnes singuli Archiepiscopi Marchiones Comites Vicecomites Episcopi Barones Milites Cives Burgenses ac omnes alii quorum interest ad dictum Parliamentum nostrum conventuri de omni eo quod eis pertinet in praemissis faciend ' exequend sint omnino tenore praesentium exonerati quieti in omnibus prout decet In cujus rei testimonium has literas nostras fieri fecimus patentes Teste me ipsa apud Westmonasterium decimo quarto die Septembris Anno Regni nostri 28o. Per ipsam Reginam Nota That this last Dissolution of the aforesaid Parliament in Anno 28 Reginae Eliz. Anno Domini 1586. was somewhat above one whole year and a half from and after the first Prorogation thereof which was on Monday the 29 th day of March Anno 27 Reginae ejusdem Anno Domini 1585. by which it is probable that her Majesty had intended at first to have made this and the Parliament that follows to have been but two Sessions and not two several Parliaments as afterwards it sell out and as they now remain And it is the more strange that this resolution was at all altered because the ensuing Parliament held in Anno 28 29 Reginae Eliz. Anno Domini 1586. began within some forty five days after this last recited day on which this aforesaid Parliament was Dissolved as is aforesaid And that which yet maketh this foresaid Dissolution of the above-mentioned Parliament on this 14 th day of September the more strange is because it had been last prorogued on the 26 th day of April Anno 28 Reginae Eliz. unto the 14 th day of November following which if it had held would have fallen out full two Months after this day of the Dissolution thereof and at least a Fortnight after the 29 th day of October on which the next and new Parliament began in the said twenty eighth year of her Majesties Reign But to clear this doubtfully there was no other cause or ground upon which her Majesty altered that her first resolution but the blessed and strange discovery of that most horrible and merciless Conspiracy plotted between the Scottish Queen Ballard Babington and others for the speedy Murthering of her Majesty and Extirpation of true Religion The manner and Execution whereof having continued in agitation between them from July to September in this said twenty eighth year of her Majesties Reign upon the 20 th day of the last mentioned Month the two foresaid Conspirators and five more of their notablest Complices were Executed in S t Giles-Fields near London having been Condemned upon Tuesday the 13 th day of the said Month which was the very day foregoing the said 14 th day of the same Month on which the foresaid Parliament was Dissolved as appears fully by the fore-recited Commission After which also before the new Parliament began on Saturday the 29 th day of October following the Queen of Scots was tried at Fothringhay Castle in Northamptonshire and after Condemned in the Star-Chamber by the lawful Verdict of her Peers the proceedings whereof lasted from the 11 th day of the Month aforesaid being Wednesday unto the 25 th day of the same being Tuesday which Sentence was affirmed and allowed by the Parliament following in Anno 28 Regin Eliz. THE JOURNAL OF THE House of COMMONS A Journal of the Passages of the House of Commons in the Parliament holden at Westminster Anno 27 Reginae Eliz. Anno Domini 1584. which began there on Monday the 23 th Day of November and then and there continued until the Prorogation thereof on Monday the 29 th Day of March Anno Domini 1585. and was lastly Dissolved on Wednesday the 14 th Day of September Anno 28 Reginae ejusdem Anno Domini 1586. THIS Ensuing Parliament is replenished with many Excellent Passages concerning the Orders Priviledges and Usages of the same from which also divers good Precedents may be gathered touching Elections and Joint-Conferences with the Lords of the Upper House neither finally doth it want sufficient matter of publick Agitations the danger of the State and the Ecclesiastical Government of the Church being at large debated in it in which also appears the zeal of the said House against one Doctor Parrie a notorious Traytor being a Member thereof The Parliament beginning on Monday the 23 th day of November in Anno hoc 27 Reginae Eliz. her Majesty came from her Palace of Whitchall in her accustomed and Royal and stately manner unto the Cathedral Church of Westminster about .... of the Clock in the Forenoon during whose being there the Earl of Leicester at this time Lord Steward of her Highness Houshold came into the Utter Room of the House of Commons and then and there before his Lordship did the right honourable M r Treasurer and M r Comptroller of her Majesties Houshold and M r Chancellor of the Exchequer being severally chosen and returned Knights into the said House of Commons for the Counties of Oxon Hereford and Northampton take and pronounce the Oath according to the Statute in that behalf made and provided which done the said Lord Steward departed from the House into the lower end of the Room called the White-Hall or Court of Requests and then also did the right honourable M r Secretary Walsingham returned one of the Knights for the County of Surrey likewise take and pronounce the said Oath before his Lordship And then his Lordship caused as many of the said Knights Citizens Burgesses and Barons as at that time were returned into the Crown-Office to be called and returned and the names to be pricked of so many of them as then appeared and so nominating and appointing the said four honourable Personages to be his Lordships Deputies to see the said Oath taken and pronounced by all the residue of the said House of Commons departed and thereupon his Lordships said Deputies proceeded to the further ministring of the said Oath unto the residue of the said House of Commons But before such time as these four right honourable Personages deputed by the Earl of Leicester as aforesaid had administred the said Oath to all such of their fellow Members of the House of Commons as were present although the greatest part of them had taken it they had notice about two of the Clock in the Afternoon that her Majesty with divers of the Lords Spiritual and Temporal were then already set in the Upper House and there expected them who thereupon all of them together repaired thither and as many as conveniently could being let in Sir Thomas Bromley Lord Chancellor having made an
were indorsed in the upper or higher part of the same which the said M r Treasurer and the rest at this time sent up to the Upper House with the aforesaid three Bills did accordingly impart to their Lordships Vide plus de ista materia on Monday the 21 th day of this instant December following The Bill for Hue and Cry was read the second time during the absence of M r Treasurer and the rest as aforesaid The reading of which Bill being ended M r Treasurer and the residue returning from the Lords brought word that he the said M r Treasurer imparted unto their Lordships the Request of this House for Conference with their Lordships both for the Bill touching the Sabbath de qua Billa vide on Wednesday the 17 th day of March ensuing and also for the Petitions of the griefs of this House unto both which the Lords said they would by and by send their Answer Vide concerning Petitions on Thursday the 25 th day of February ensuing M r Vice-Chamberlain declared unto this House That her Majesty graciously considering the great pains and careful travel of this House in the Service and Affairs of the Realm hath determined upon Monday next to adjourn the Court of Parliament until some other convenient time after Christmas that such Gentlemen and other Members of this House may the more conveniently repair home to their houses in the mean time for their better ease and recreation And so moved further That as before that time of Adjournment being upon Monday next there can nothing of great moment possibly be prepared to passing so he wished that the same short time may be imployed in the speeding of such Bills as are nearest to the passing and mentioned some of those which came unto us from the Lords and that the residue may rest in the same case of furtherance in the mean time as now they are in M r Serjeant Gawdy and M r Doctor Ford did bring from the Lords again the Bill for the restitution in blood of the Lord Thomas Howard amended in the indorsement viz. indorsed under the Bill and the former indorsement above razed out The Bill for restitution in blood of the Lord Thomas Howard was sent up to the Lords by M r Treasurer and others and also the Bill for paving of the Town of Newark upon Trent the Bill for the Town of Caernarvon and the Bill for fraudulent Conveyances all which came from their Lordships before not rightly indorsed were sent up to their Lordships to have the same indorsements reformed and amended as that in the Bill for the Lord Thomas Howard was before amended The Bill for the true answering of the Debts of Edward Fisher was read the first time Vide on Monday the 22. day of February ensuing M r Richard Lewkenor one of the Committees in the Bill to avoid partial Juries and Tryals in the name of himself and the residue of the same Committees brought in the old Bill and also a new Bill praying that the same new Bill may be read accordingly The Bill for reformation of Errours in Fines and Common Recoveries in the twelve Shires of Wales was upon the second reading committed unto M r Sollicitor Sir William Herbert M r Penruddock M r David Williams and others who were appointed to meet upon Thursday next in the Afternoon in Lincolns-Inn-Hall After which the Bill for continuance and explanation of divers Statutes had its second reading M r Serjeant Gawdy and M r Doctor Barkeley did bring from the Lords the Bill touching the Sabhath day with Message from their Lordships that they can find by no Precedent that they can now add any thing at all upon our Conference to their former Additions inserted into the said Bill and do think withal that those things we desire are already provided for in their said Additions as the Bill now standeth and do therefore pray that being so good a Bill as this is they will have care it do not miscarry and so departed Whereupon it was then thought good to reserve the Bill in state as it was till it may be further considered of by view of the Precedents of this House in like cases And Sir Thomas Heneage M r Sollicitor M r Recorder Sir William Moore M r Cromwell and M r Sandes were appointed to search the Precedents of this House for that purpose in the mean time of the next sitting of this Court after the said Adjournment Vide plus de ista materia on Wednesday the 17 th day of February ensuing The Bill for the preservation of Grain was ordered upon the Question to be discontinued and divers others of no great moment as touching Ecclesrastical Livings Maintenance of the Navy and the like were continued until the end of this Adjournment which was now drawing on on Monday next being the 21 th day of December And the Committees appointed for the continuance of them were these following viz. M r Vice-Chamberlain M r Chancellor of the Exchequer Sir Thomas Heneage Sir Thomas Cecil Sir William Moore M r Sollicitor M r Lieutenant of the Tower Sir Richard Knightley M r Francis Hastings Sir Nicholas Woodroofe M r Dannet M r Haymond M r Cromwell M r Owen M r Rawleigh M r Grafton Sir Francis Drake M r Doctor Hammond M r Wolley M r Grice Sir Henry Nevill Sir John Peter Sir William Drury Sir Robert Conestable Sir Robert Germin Sir Henry Cock who were appointed to meet on Thursday after Christmas-day in the Afternoon at two of the Clock at Ely place After M r Vice Chamberlain's late former Speeches delivered unto this House of her Majesties good and grateful acceptation of the earnest and dutiful care and proceedings of this House in providing for the safety of her most Royal Person and of her Highnesses said most loving and favourable regard of adjourning this Court of Parliament for some such convenient time as during which the greater part of the Members of this House may at their pleasure repair home to their dwellings as well for their better recreations and ease as for their further dealing in their own private affairs it was moved by Mr. Speaker That some due form or course of yielding unto her Majesty most humble and dutiful thanks for the same her said Highnesses most honourable and gracious acceptation and consideration in the name and behalf of this whole House in most loyal humble dutiful and obedient manner may be considered of and devised Whereupon after a few Speeches resolved and prayed that the same should and might be done most fitly and conveniently by those honourable Personages Members of this House which are of her Majesties most honourable Privy Council who being then present did very willingly and honourably undertake to execute the same most faithfully and effectually On Monday the 21 th day of December three Bills of no great moment had each of them one reading of which the first being the Bill for the true payment of
last continued Three Bills of no great moment had each of them one reading of which the first being the Bill for the grant of three entire Subsidies and fix Fifteenths and Tenths granted by the Temporalty was read primâ vice which said Bill had already passed the House of Commons and had been sent up from them to the Lords on Saturday last This Morning also two Bills of no great moment were sent up to the Lords from the House of Commons of which the second was the Bill concerning the restraining of Popish Recusants to certain places of aboad c. On Tuesday the 27 th day of March Three Bills of no great moment had each of them one reading of which the first being for the Assurance of certain Lands and Tenements to Read Stafford and Mabell his Wife was read tertia vice expedit On Wednesday the 28 th day of March Three Bills of no great moment had each of them one reading of which the second being for the grant of three entire Subsidies and Fifteenths c. was read secunda vice Five Bills also were sent up to the Lords from the House of Commons of which the first was for restitution in blood of Sir Thomas Parrot K t and was read primâ vice This day finally was one unusual or extraordinary Proxy returned from one of the Bishops absent at this time from the Parliament as divers other Peers by the Licence of her Majesty in which said Proxy he constituted but one Proctor whereas the Ordinary Custom is for every Spiritual Lord to nominate two Proctors at the least and every Temporal Lord but one This Proxy is thus Entred in the beginning of the Original Journal-Book of the Upper House viz. 28 Martii introductae sunt Literae Procuratoriae Thomae Cicestrensis Episcopi in quibus Procuratorem suum constituit Johannem Cantuariensem Episcopum On Thursday the 29 th day of March Three Bills of no great moment had each of them one reading of which the first being the Bill for restitution in blood of Sir Thomas Parrot K t was read secunda tertia vice expedit On Friday the 30 th day of March Five Bills had each of them one reading of which the first was the Bill for the grant of three entire Subsidies c. granted by the Temporalty And the last was the Bill of Subsidy granted by the Clergy Both which Bills at this time upon their several third readings passed the House On Saturday the 31 th day of March Six Bills had each of them one reading of which the last being the Bill prohibiting Strangers born to sell by way of retail Foreign Wares brought into this Realm was read secunda tertia vice and rejected On Monday the second day of April to which day the Parliament had been last continued the Bill for Explanation of a Statute made in the thirty third year of Henry the Eighth touching Grants made to his Majesty and Confirmation of Letters Patents was read secunda vice Six Bills were brought up to the Lords from the House of Commons of which the second was for bringing in of fresh Water into the Town of Stonehouse in the County of Devon On Tuesday the third day of April Five Bills of no great moment had each of them one reading of which the fourth being the Bill for the maintenance of the Navigation of England was read secunda vice On Wednesday the 4 th day of April the Bill for Explanation of the Statute made in the thirty fourth year of Henry the Eighth for confirmation of Letters Patents made by his Highness to others was read primâ secundâ vice On Thursday the 5 th day of April Three Bills of no great moment had each of them one reading of which the second being the Bill for Confirmation of Letters Patents to the Mayors Sheriffs Citizens and Commonalty of the City of Lincoln was read tertiâ vice conclusa This Morning also this Order following was agreed on amongst the Lords viz. WHereas the Lords of Parliament both Spiritual and Temporal assembled in the Parliament Chamber here at Westminster have with one uniform consent both in their own names and the rest of the Lords now absent Ordered that there shall be a charitable relief and contribution made towards the Aid and help of a number of Souldiers that are seen in the time of this Parliament maimed and sore hurt in the Wars of France and Low Countries and on the Seas for the service of the Queens Majesty and the Realm and for that purpose have allowed that every Archbishop Marquess Earl and Viscount should pay toward their Contribution the sum of forty shilings every Bishop thirty shillings and every Baron twenty shillings for Collection whereof there hath been appointed the Queens Majesties Almoner and the Bishop of Worcester to collect the sums of Bishops and the Lord Norris to collect the sums payable by the Lords Temporal which hath been diligently done and received by them from all the Lords Spiritual and Temporal that have been present and that have attended to their great charge on the service of the Realm in this Parliament And considering the number of the Souldiers to be relieved therewith being very many notwithstanding the Knights Citizens and Burgesses of the House of Commons have yielded very good and large Contributions according to their Degrees Yet for the better relief of the said maimed Souldiers It is by the Lords Spiritual and Temporal that have given their Attendance here and have charitably and honourably yielded to this Contribution thought meet and so it is Ordered and Decreed by them with common and free consent that all the Lords of Parliament that have been altogether absent in this Sessions and that shall not have Contributed to this charitable use of relief before the end of this Sessions shall be required by Letters to be sent to them by the Lords that had their Procuration for their absence or by Letters from the Lord Keeper of the Great Seal required and charged to Cause payments to be made according to their Degrees and Vocations the double of the sums of money paid by the Lords that have been here present and continued their Attendance That is to say that every Earl that hath been absent shall pay four pound the Archbishop of York to pay as much And every Bishop also absent to pay three pound and every Baron forty shillings And for such as have been here present and continued their Attendance at some times though very seldom having been absent for the more part it is thought meet that every such Lord Spiritual and Temporal shall according to their Degrees pay a third part more than the Lords that have been constantly present All which sums of money they shall cause to be delivered to the hands of the Lord Keeper of the Great Seal to be afterwards by such Spiritual Lords of Parliament as are chosen for that purpose distributed to the maimed
Thursday the 8 th day of December on Wednesday the 11 th day of January on Saturday the 4 th day of February and all other the days which were very many in which any Committees were nominated On Thursday the 10 th day of November to which day the Parliament had been last continued the Bill for the taking away Clergy from Offenders against a Statute made in the third year of the Reign of King Henry the Seventh against the taking away of Women against their wills unlawfully was sent up to the Lords from the House of Commons and thereupon read primâ vice The Lord Treasurer made Report to the House what had been done by the Committees upon the Petition of the Lord La Ware and how it was resolved by them upon hearing and debating of the matter with certain Learned Counsellors in the Law brought before the Committees of the said Lords that the place which he claimed in the Order and Rank of the Barons was due unto him viz. next after the Lord Willoughby of Eresby Which Report being made to the House and the voices of all the Lords being demanded the opinion of the Committees was allowed by the consent of all the Lord Windsor only excepted And the Lord Keeper was required to acquaint her Majesty with the determination of the same House and to know her pleasure concerning the same Vide concerning this Business of the Lord La Ware on Saturday the 5 th day of this instant November foregoing and on Monday the 14 th day of the same November ensuing The Lord Treasurer made a motion to the House that for as much as the Journal-Books kept heretofore by the Clerks of the Parliament seemed to have some error in them in misplacing the Lords so as it was doubted how the same might be of true Record That it would please the Lords to take Order that the said Books that from thenceforth should be kept by the Clerk of the Parliament may be viewed and perused every Parliament by certain Lords of the House to be appointed for that purpose and the List of the Lords in their Order to be subscribed by them taking unto them for their better information the King at Arms. And that this Order might begin this present Parliament On Saturday the 12 th day of November to which day the Parliament had been last continued the Bill for the taking away of Clergy from Offenders against a Statute made Anno 3 Hen. 7. concerning the taking away of Women against their wills unlawfully was read secunda vice and committed Nota That because the Committees during all this Parliament were only Peers and Members of the House and that the Judges with her Majesties Learned Councel as see more on Monday the 7 th of this instant November foregoing were always appointed to attend upon them and never nominated as joint Committees with them therefore the names of them are for the most part omitted as not worth the inserting or observation On Monday the 14 th day of Novemb. to which day the Parliament had been last continued on Saturday foregoing the Bill for the better explanation and execution of the Act made in the 13 th year of the Queens Majesties Raign concerning Tellors Receivors c. was read primâ vice This Bill was brought into the House instead of the former Bill concerning her Majesties speedy satisfaction against Accountants c. which was on the 7 th day of November foregoing read secunda vice and referred to Committees by whom the said Bill having been thought upon the debating thereof too full of doubts and difficulties Order was given by them to her Majesties Attorney General to draw a new Bill viz. the Bill aforesaid which Bill was presented by the Lord Arch-Bishop of Canterbury first of the said Committees in the behalf of the said Committees A Proviso was thought fit to be added to the Bill concerning the taking away of Women unlawfully and was also twice read The Earl of Shrewsbury excuseth the Lord Marquess his absence for want of health The Lord Treasurer moved the House that such Lords as were absent from the Parliament and had not sent their Proxies and such others as had made their appearance in the beginning of the Parliament and have sithence neglected their Attendance may be admonished to reform the same On this said 14 th day of November 1597. upon the Petition of the said Lord La Ware exhibited unto her Majesty concerning his place in the Order of the Barons of Parliament and with her Majesties commandment and direction presented unto the Lords Spiritual and Temporal in this present Parliament the 5 th day of this present Month of November and referr'd the same day upon the reading unto the Committees as is before recorded in the Session of the same day the said Committees having at the time and place appointed assembled themselves and advisedly considered of the said Petition and of all arguments that were brought and alledged both for the Petition and against it did resolve and determine that in their opinions the said Petition of the Lord La Ware was just and that the place which he sought was due unto him viz. to have his place betwixt the Lord Willoughby of Eresby and the Lord Berkeley being the same place which his great Grandfather held heretofore as appeareth by Record Of which resolution and determination Report having been made by the Lord Burleigh Lord Treasurer the first of the Committees the 10 th day of this instant November foregoing in the Session of the same day as before is recorded and the same being allowed and approved by the consent of the Lords Temporal and Spiritual then present in the House it was thought meet and ordered that her Majesty should be made acquainted by the Lord Keeper with the opinion and resolution of the House Which having been performed by his Lordship and her Majesty having allowed of the proceedings of the House and of the determination of the question touching the place of the Lord De la Ware as hath been declared unto the House by the Lord Keeper It was and is agreed and Ordered by her Majesty and the Lords Spiritual and Temporal that the Lord De la Ware should be brought into the House and placed in the room and order before-mentioned to have his place and Voice betwixt the Lord Willoughby and Lord Berkeley Which was accordingly done on this said 14 th day of November The said Lord De la Ware being brought in his Parliament Robes unto the place aforesaid by the Lord Zouch supplying the place of the Lord Willoughby and by the said Lord Berkeley in their Robes Garter the King of Arms attending them and doing his Service according to his Office On Tuesday the 15 th day of November Two Bills had each of them one reading of which the first being the Bill for taking away of Clergy from Offenders against a certain Statute made Anno 3 Hen. 7. concerning the taking
away of Women against their Wills unlawfully together with the Proviso annext unto it by the consent of the House was read tertiâ vice and afterwards sent down to the House of Commons that the Proviso there might be considered of And so the Parliament continued till Saturday the 19 th day of November at nine of the Clock On which day the Bill touching the School of Sevenoake was read primâ vice Report was made to the House by the Lord Treasurer what had been done by the Committees upon the Bill concerning Tellors and Receivors which said Bill had been yesterday committed upon the second reading although the mention of the said reading and Commitment be purposely omitted and the same Committees appointed to meet again at the former place to Morrow at four of the Clock in the Afternoon to make perfect the said Bill to be presented again to the House The absence of the Lord Marquess and the Earl of Huntingdon were severally excused for want of health by two of the Temporal Lords and the like excuse was delivered by the Bishop of Norwich for the Bishop of Chichester's absence Report was made by the Lord Keeper that the Earl of Essex received not his Writ of Summons until yesterday the 17 th day of this Month through the negligence of the Messenger unto whom the same was delivered and now his Lordship wanting health to give his Attendance desireth to be excused of his absence the Earl of Worcester and the Earl of Southampton testifying his sickness Introductum est breve Radulphi Domini Evers quo praesenti Parliamento interesse summonebatur admissus est ad suum praeheminentiae sedendi in Parliamento locum salvo jure alieno On Monday the 21 th day of November to which day the Parliament had been last continued on Saturday foregoing Two Bills of no great moment had each of them one reading of which the first being the Bill concerning the confirmation and establishment of the deprivation of divers Bishops in the beginning of her Majesties Reign was read primâ vice Several Writs of Summons of the Earl of Huntingdon and Rutland were brought in Relation was made by the Lord Treasurer upon the Bill concerning Tellors and Receivors c. of the doubts and questions that had been moved and debated among the Committees touching certain Provisoes and Causes thought on for the Amendment of the said Bill And the said Committees appointed by the House to meet again for further Conference to Morrow at the little Chamber near the Chamber of Parliament presence Vide concerning this Bill on Saturday the 19 th day of this instant November foregoing On Tuesday the 22 th day of November Two Bills of no great moment had each of them one reading of which the first being the Bill for the establishment of the new Colledge of the Poor of Cobham in the County of Kent was read primâ vice Three Bills also of no great moment were each of them sent up to the Lords from the House of Commons of which the first was an Act formerly sent to them with a Proviso from this House thereunto added concerning taking away of Clergy from Offenders that take away Women against their Wills unlawfully The Committees upon the Bill of Tellors Receivors c. meeting at the little Chamber near the Chamber of the Parliament presence and conferring on the Bill and the Provisoes that were thought on and came in question among them by reason of sundry doubts that were moved did refer the Bill to her Majesties Attorney General to be reviewed Vide more of this on Saturday the 19 th day and on Monday the 21 th day of this instant November foregoing On Thursday the 24 th day of November to which day the Parliament had been last continued on Monday foregoing Five Bills had each of them one reading of which the third being the Bill for the better Explanation and confirmation of the Act made in the thirteenth year of her Majesties Reign was read primâ vice This Bill was reviewed by M r Attorney by the appointment of the Committees on Tuesday the 22 th day of this instant November foregoing who then referr'd it unto him and was now brought in instead of the former Bill touching which see before on Saturday the 19 th day and on Monday the 21 th day of November aforesaid And the fifth being the Bill for the repeal of a Statute made in the twenty third year of her Majesties Reign Intituled An Act for the encrease of Mariners and maintenance of Navigation was read tertiâ vice and committed unto the Earl of Nottingham Lord Admiral the Earl of Worcester the Earl of Southampton the Bishop of London the Bishop of Winchester the Bishop of Norwich the Lord Hunsdon Lord Chamberlain the Lord Cobham the Lord Mountjoy and M r Justice Walmesley M r Serjeant Drew and M r Attorney were appointed to attend the Lords Vide November 7 th antea On Saturday the 26 th day of November to which day the Parliament had been last continued on Thursday foregoing Three Bills had each of them one reading of which the last being the Bill for the better explanation and execution of the Act made in the thirteenth year of the Queens Majesties Reign touching Tellors and Receivors was read the third time and commanded to be ingrossed A Serjeant at Arms was appointed to be sent for William Wood and one Stephenson a Serjeant in London who Arrested Edward Barston the Lord Chandois Servant contrary to the priviledge of this House The Bill for the repeal of a Statute made in the twenty third year of her Majesties Reign Intituled An Act for the encrease of Mariners and maintenance of Navigation was brought into the House by the Committees whose names see before on Thursday the 24 th day of this instant November foregoing with an Amendment thought sit to be put into the Bill And the Amendment being thrice read the Bill was appointed to be fixed in a Schedule to the Bill On Monday the 28 th day of November to which day the Parliament had been last continued on Saturday foregoing The Bill for the better explanation and execution of the Act made in the thirteenth year of the Queens Majesties Reign concerning Tellors and Receivors was read tertiâ vice and sent to the House of Commons by M r Attorney General and D r Stanhop The Bill that was sent from the House of Commons with this Title viz. An Act for the Repeal of a Statute made in the twenty third year of her Majesties Reign Entituled An Act for the encrease of Mariners and maintenance of Navigation was after the third reading returned again to the said House for their consideration and allowance as well of another Title thought more fit by the Committees to be given thereunto viz. An Act for encrease of Mariners and for maintenance of the Navigation repealing a former Act made in the twenty third year of her Majesties Reign bearing
the same title as also of some Amendments in the Body of the Bill added by the Committees whose names see on Thursday the 24 th day of this instant November foregoing by M r Attorney General and D r Carew The Bill touching the School of Seavenoake was brought in by the Committees who were appointed to meet on Monday the 21 th day of this instant November foregoing although their names and the Commitment of the said Bill upon the second reading be there purposely omitted as matter of small consequence without alteration and commanded to be ingrossed On Thursday the first day of December to which day the Parliament had been last continued on Saturday foregoing The Bill concerning the School of Seavenoake was read tertiâ vice and sent to the House of Commons by M r Serjeant Drew and M r D r Stanhop The Bill for the establishing the Town Lands of Wanting c. was brought in by the Committees who were appointed on Saturday the 26 th day of this instant November foregoing although their names and the Commitment of the said Bill upon the second reading be there purposely omitted as matter of small consequence with a Proviso by them thought fit to be added thereunto which Proviso was twice read The Parties that Arrested the Lord Chandois Servant Edward Barston viz. William Wood and one Stephenson a Serjeant with two others were brought into the House by the Serjeant at Arms and upon some notice taken of the matter M r Justice Owen and M r Serjeant Drew were appointed to examine the same and to make report thereof to the Lords Vide concerning this matter on Saturday the 26 th day of this instant November foregoing The Lord Hunsdon Lord Chamberlain took his place this day as Baron of Hunsdon betwixt the Lord Chandois and the Lord S r John of Bletso On Saturday the third day of December to which day the Parliament had been last continued on Thursday foregoing the Bill for the establishing of the Town Lands of Wanting in the County of Berks was read tertiâ vice and sent to the House of Commons by M r Serjeant Drew and M r Attorney for their consideration of a Proviso thought fit to be added by the Committees Five Bills were sent up to the Lords from the House of Commons of which the first was the Bill for the encrease of Mariners and for maintenance of the Navigation repealing a former Act made in the twenty third year of her Majesties Reign bearing the same title which said Bill was sent from the Lords to the House of Commons for their consideration and allowance of the title and some Amendments in the Body of the Bill A second being the Bill for erecting of Hospitals or abiding and working Houses for the Poor was read primâ vice Two Bills also of no great moment had each of them one reading of which the first being the Bill for the better and safer Recording of Fines to be levied in the Court of Common Pleas was read primâ vice Upon the Report of M r Justice Owen and M r Serjeant Drew unto whom the Examination of the matter was committed concerning the Arresting of Edward Barston Servant to the Lord Chandois by one Stephenson a Serjeant of London at the Suit of one William Wood these two being found and judged to have willfully offended therein against the priviledge of the House were committed and sent to the Prison of the Fleet there to be kept close Prisoners until further direction should be given by the Lords of Parliament And whereas the two others were this day brought into the House before the Lords and supposed to be partakers of the same offence they upon Examination being found not to have wilfully committed any fault therein were dismissed and Order given accordingly by the Lords for their discharge in that behalf And also for the discharge of Edward Barston out of the Prison of the Counter Vide concerning this matter on Saturday the 25 th day of November foregoing and on Thursday the first day of this instant December last past as also on Monday the 5 th day of this said December following as also on Wednesday the 14 th day of the same Month. On Monday the 5 th day of December to which day the Parliament had been last continued on Saturday foregoing Six Bills of no great moment were brought up to the Lords from the House of Commons of which the first was the Bill for erecting Houses of Correction and Punishment of Rogues and Sturdy Beggars And the second being the Bill to restrain Brewers to keep two Coopers and no more was read primâ vice The Bill for the Confirmation of the Jointure of Christian Lady Sands was read primâ vice Four other Bills also of no great moment were read secundâ vice and thereupon Committed The absence of the Earl of Essex Lord Viscount Bindon Earl of Cumberland Lord Scroope Lord Willoughby of Eresby Bishop of Rochester excused by the Lord Rich. Lord Chandois Lord Wharton Lord Zouch Bishop of Bath and Wells This day Order was given for the Release of Stephenson the Serjeant that arrested the Lord Chandois his Servant Vide concerning this matter on Saturday the 26 th day of November last past as also on Thursday the 1. day and on Saturday the 3. day of this instant December foregoing On Tuesday the 6 th day of December Two Bills of no great moment had each of them one Reading of which the first being the Bill for erecting of Houses of Correction for punishment of Rogues Vagabonds and sturdy Beggars was read secunda vice The Committees in the Bill Entituled An Act for the better and safe Recording of Fines to be levyed in the Court of Common Pleas who were appointed yesterday although their names and the Commitment of the said Bill upon the second reading be there purposely omitted as a matter of small consequence returned the same to the House with some Amendments which Amendments were twice read and the Bill commanded to be ingrossed On Wednesday the 7 th day of December Seven Bills of no great moment had each of them one reading of which the first being the Bill for Confirmation of the Jointure of Christian Lady Sandes was read secunda vice and commanded to be ingrossed and the second being the Bill for the better and safer Recording of Fines to be levied in the Court of Common-Pleas was read tertiâ vice and sent down to the House of Commons by M r Attorney and D r Stanhop Hodie retornatum fuit breve Thomae Domini Howard de Walden On Thursday the 8 th day of December Two Bills of no great moment had each of them one reading of which the first being the Bill for the enabling of Edmund Mollineux Esquire to sell Lands for the payment of his Debts and Legacies was read prima vice And the second being the Bill for confirmation of the Jointure of Christian Lady Sandes was read tertiâ vice and
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
second being the Bill for Confirmation of Letters Patents granted by the Queens Majesty to the Mayor c. of the City of Lincoln in the thirty ninth year of her Reign for the taking the acknowledgment of Statutes Merchants was upon the second reading committed unto the Earl of Shrewsbury the Earl of Rutland the Bishop of Bath and Wells the Bishop of Chester the Lord Zouch the Lord Windsor the Lord Wharton the Lord Rich and M r Justice Clinch to attend their Lordships The Bill concerning Garret de Malynes and John Hunger Merchants Strangers was read tertiâ vice Vide concerning this matter on Wednesday the first day and on Friday the third day of this Instant February foregoing The Proviso added in the House of Commons concerning the Joynture of Christian Lady Sands was this day twice read The Proviso thought meet by the Committees in the Bill concerning the draining and recovery from the Water of certain overflowen grounds in the County of Norfolk was twice read and Ordered to be ingrossed A Motion was made by the Lord Buckhurst that the County of Sussex might be added to the general Bill of surrounded Grounds The like motion was made by the Lord North and others for the Counties of Somerset and Essex whereunto the House assented And the said three Counties were accordingly added to the rest On Monday the 6 th day of February the Bill for the confirmation of Letters Patents granted by the Queens Majesty to the Mayor c. of the City of Lincoln c. was returned to the House by the Earl of Shrewsbury the first of the Committees with some Amendments and a Proviso thought meet to be added The Bill that Lessees may enjoy their Leases against all Patentees their Heirs and Assigns was returned to the House by the Lord Archbishop of Canterbury the first of the Committees with a Proviso thought necessary to be added Excuse was made by the Earl Marshal for the absence of the Earl of Sussex in regard of his unhealthiness The like excuse was made by the Bishop of Rochester for the Bishop of Coventry and Litchfield Four Bills were brought up to the Lords from the House of Commons of which the first was for the more speedy payment of the Queens Majesties debts c. and the second against the Excess of Apparel The Bill for the explanation of an Act for the necessary relief of Souldiers and Mariners c. The Bill for the recovering of three hundred thousand Acres of Marsh-grounds more or less with one other of no great moment were each of them read tertiâ vice and passed the House and were sent down to the House of Commons by D r Carew and D r Stanhop Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in secundam horam post-meridian At which time the Amendments and Proviso added by the Committees to the Bill for Confirmation of Letters Patents granted to the Mayor c. of the City of Lincoln c. were twice read The Proviso also added by the House of Commons to the Bill for Confirmation of the Joynture of Christian Lady Sandes was read the third time and thereupon the Bill was expedited Three Bills also had each of them one reading of which the first being the Bill for the more speedy paying of the Queens Majesties debts and for the better explanation of the Act made Anno 13 o of the Queen intituled An Act to make the Lands Tenements Goods and Chattels of Tellors Receivors c. liable to the payment of their Debts was read secundâ vice Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in diem crastinum horâ nonâ On Tuesday the 7 th day of February Three Bills had each of them one reading of which the last being the Bill against the Excess of Apparel was upon the second reading committed unto the Earl Marshal the Lord Admiral the Earl of Northumberland and others Three Bills were brought up to the Lords from the House of Commons by Sir William Knolles Sir John Forteseue and others of which the second being the Bill against decaying of Towns and Houses of Husbandry was sent back with some Amendments which were presently twice read The Bill that Lessees may enjoy their Leases against all Patentees their Heirs and Assigns notwithstanding any default of payment of their Rent during the time that the Reversion or Inheritance remained in the Crown was returned with some Amendments by the Lord Chief Justice with a Proviso thought meet to be added Which Proviso and Amendments were once read A Message was sent to the House of Commons from their Lordships by M r Serjeant Drew and M r Doctor Carew for a Conference concerning the Bill against excess of Apparel with a competent number of the said House and the time and place was desired to be this Afternoon by two of the Clock in the great Chamber of the Upper House of Parliament Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in horam secundam postmeridianam At which time the Amendments in the Bill against decaying of Towns and Houses of Husbandry were read secundâ vice The Amendments and Provisoes thought meet to be added to the Bill concerning Patentees were read the second time and thereupon commandment was given that the said Proviso should be ingrossed in Parchment and the Amendments written in Paper ready for the third reading The Bill for Amendments of High-ways in the Counties of Sussex Surrey and Kent was read secundâ vice The Bill for reviving continuance Explanation and perfecting of divers Statutes was returned with their allowance of the Amendments and Proviso added by their Lordships Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in diem crastinum On Wednesday the 8 th day of February the Amendments in the Bill against decaying of Towns and Houses of Husbandry were read the third time as they were ingrossed in the Bill And thereupon the same Bill with the Amendments were expedited The Bill also for Amendments of High-ways in the Counties of Sussex Surrey and Kent was read tertiâ vice and expedited The Bill that Lessees may enjoy their Leases against all Patentees c. notwithstanding any default of payment of their Rents during the time that the Reversion or Inheritance remained in the Crown was returned to the House of Commons by Doctor Carew and Doctor Stanhop for their considerations of the said Amendments and Provisoes No continuance of the Parliament is Entred in the Original Book of the Upper House which seemeth to have happened by the Error of Thomas Smith Esquire at this time Clerk of the same On Thursday the 9 th day of February Seven Bills were brought up to the Lords from the House of Commons of which the first being the Bill for the further continuance and Explanation of an Act made in the thirty fifth year of the Queens Majesties Reign that now is was returned with the
only commit a great error in omitting to read some one Bill or other according to the usual Custom but was also much mistaken in informing the House that it had been Adjourned and so now stood Adjourned by those words which the Lord Keeper had spoken in the Upper House for his Lordship at this time as appears plainly by the Original Journal-Book of that House did only continue the Parliament and not Adjourn it which words although spoken by the Queens Commandment being personally present do only concern the said Upper House and reach not at all unto the House of Commons as was directly declared by the Lord Keeper himself in the next Parliament ensuing in An. 43 Regin Eliz. after that M r John Crooke M r Recorder of London their Speaker upon his allowance in and return from the said Upper House on Friday the 30 th day of October in An. eodem had by a like mistake misinformed the House that it was Adjourned and so caused it to rise without the reading of any Bill And therefore here once for all I have caused the true differences as I conceive in this kind to be here inserted viz. If the Lord Keeper by the Queens Commandment being personally present had either prolonged or Adjourned the Parliament or that her Majesty with her own Mouth had pronounced the said words or had caused the same to have been done by a Commission under the Great Seal in her absence in all these Cases it had reached alike both unto the Upper House and unto the House of Commons But if the Queens Majesty had with her own Mouth continued the Parliament as she did here command the Lord Keeper to do it yet this had only concerned the Upper House so that the Lords could not have met again until the day to which the said Parliament had been continued but the said House of Commons whom the said continuance concerned not might have met each day without intermission and have agitated such businesses and have given reading to such Bills as offered themselves And lastly If the Lord Keeper or Lord Chancellor for the time being do at any time Adjourn or continue the Parliament to a further day as of course he doth one of them for longer or shorter time every day the Upper House riseth and that he doth it not by Command or Commission from the Soveraign for the time being but do it of course as is aforesaid this concerns only the Upper House and the House of Commons are neither bound to take notice of it nor to surcease any of their daily Proceedings upon it On Saturday the 5 th day of November the House met about eight of the Clock in the Morning having through a meer mistake and error of the Speaker and themselves conceived their House to have been Adjourned by the Lord Keeper the first day of the Parliament unto this present Saturday as is more largely declared in fine diei praecedentis Nota also that some part of the Passages of this present Saturday following are transcribed out of the before-recited fragmentary and imperfect Journal M r Speaker this Morning according to the usual course brought in a Prayer to be used in the House during this Parliament which was as followeth OEternal God Lord of Heaven and Earth the great and mighty Councellor We thy poor Servants Assembled before thee in this Honourable Senate humbly acknowledge our great and manifold sins and imperfections and thereby our unworthiness to receive any grace and assistance from thee Yet most merciful Father since by thy providence we are called from all parts of the Land to this famous Council of Parliament to advise of those things which concern thy Glory the good of thy Church the prosperity of our Prince and the Weal of her people we most intirely beseech thee that pardoning all our sins in the Blood of thy Son Jesus Christ it would please thee by the brightness of thy Spirit to expel darkness and vanity from our minds and partiality from our Speeches and grant unto us such wisdom and integrity of heart as becometh the Servants of Jesus Christ the Subjects of a gracious Prince and Members of this Honourable House Let not us O Lord who are met together for the publick good of the whole Land be more careless and remiss than we use to be in our own private Causes Give Grace we beseech thee that every one of us may labour to shew a good Conscience to thy Majesty a good Zeal to thy word and a loyal heart to our Prince and a Christian Love to our Country and Common-Wealth O Lord so unite and conjoin the hearts of her Excellent Majesty and this whole Assembly as they may be a threefold Cord not easily broken giving strength to such godly I aws as be already Enacted that they may be the better Executed and Enacting such as are further requisite for the bridling of the wicked and the encouragement unto the godly and well affected Subjects That so thy great blessing may be continued towards us and thy grievous Judgments turned from us And that only for Christ Jesus sake our most glorious and only Mediator and Advocate to whom with thy blessed Majesty and the Holy Ghost be given all Honour and Praise Power and Dominion from this time forth for evermore Amen M r Francis Bacon spake first after that one Bill mentioned in the Original Journal-Book of the House of Commons had been read the first time viz. the Bill against Forestallers Regrators and Ingrossers and made a Motion against Inclosures and Depopulation of Towns and Houses of Husbandry and Tillage And to this purpose he brought in as he termed it two Bills not drawn with a polished pen but with a polished heart free from affection and affectation And because former Laws are Medicines of our understanding he said that he had perused the Preambles of former Statutes and by them did see the inconveniencies of this matter being then scarce out of the shell to be now full ripened And he said that the over-flowing of the people here makes a shrinking and abate elsewhere And that these two mischiefs though they be exceeding great yet they seem the less because Qui mala cum multis patimur leviora videntur And though it may be thought ill and very prejudicial to Lords that have inclosed great grounds and pulled down even whole Towns and converted them to Sheep-Pastures yet considering the increase of people and the benefit of the Common-Wealth I doubt not but every man will deem the revival of former Moth-eaten Laws in this point a praise-worthy thing For in matters of Policy ill is not to be thought ill which bringeth forth good For Inclosure of grounds brings depopulation which brings first Idleness secondly decay of Tillage thirdly subversion of Houses and decay of Charity and charges to the Poor fourthly impoverishing the state of the Realm A Law for the taking away of such inconveniences is not to