The Journals of All the Parliaments During the Reign of Queen Elizabeth. Originally published by Irish University Press, Shannon, Ire, 1682.
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THE JOURNAL OF THE House of LORDS.
A° 1° Regin. Eliz. A. D. 1558 & 1559.
The Journal of the Proceedings of the House of Lords, in the Parliament bolden at Westminster, A°. 1°. Regin. Eliz. Anno Dom. 1558. beginning there after one Prorogation of the same on Wednesday the 25th. of January, and then and there continued until the Dissolution thereof on Monday the 8th. day of May Anno Dom. 1559.
Queen Mary Deceased on Thursday the 17th. day of November, in the year of our Lord 1558. and the Parliament then Assembled in the 6th. and last year of her Reign, thereby immediately Dissolving, the thrice Excellent and Prudent Princess Queen Elizabeth, according to her right and Hereditary Title, without any opposition or difficulty, King Philip being then very happily absent beyond the Seas, Succeeded to all the Realms and Dominions of Mary her Sliter, excepting Callais and those other inestimable places in France, which had been most dishonourably and vainly lost in the time, and towards the end of the Reign of the said Queen, and finding also the Innocent Blood of Gods Saints, shed for the Witness of the Truth, to have stained the former Government with the just Brand and Stigma of persecuting and Tyrannical: And that her Realms and Dominions were much impoverished and weakened; whilst in the mean time her Enemies every where abroad, were encreased not only in Number, but in Strength and Power; She therefore in the very entrance of her Reign well considering and foreseeing that the surest and safest way to Establish the Truth, to abolish all Foreign and usurped Authority, to repair the breaches and weaknesses of her said Realms and Dominions, to strengthen her Kingdoms with Shipping and Munition, and to revive the decayed Trade thereof, was by the common advice and Council, and with the Publick assent of the Body of her Realm, did Summons herfirst Parliament to begin on Monday the 23th. day of January, having before made and appointed that wife and able Statesman Sir Nicolas Bacon Knight, Lord Keeper of the great Seal of England.
In the setting down of this Journal of the upper House in An. 1. Reg. Eliz. An. Dom. 1558. Summoned to begin at the day and place aforesaid; I have caused to be Transcribed many things at large out of the original Journal Book, Some things also of Form I have added to it, which are in the very Original it self omitted in this regard only, because they were but matters of Course, and not much material: yet I was much desirous both in time Journal of the Upper House, and in that also of the House of Commons in this first year of the Queen, to supply once for all the whole matter of Form, that so I might the better omit it in the following Journals, and have ready recourse hither unto it, being all framed into one Structure or Body. In this Journal of this first year is set down the ground, form, and return of the Writs of Summons, with their usual and common differences, the Commission for Prorogation, and the form of Proroging the Parliament to a further day, The manner of the beginning of the Parliament, with the Sitting of the Lords Spiritual and Temporal, The places of Peers under age, and of Noblemens Sons, their Fathers living and the difference, The whole form Verbatim of the Receivers and Tryers of Petitions. And lastly for what, or by whose Licence, the Lords both Spiritual and Temporal, may absent themselves from the Parliament House, and send their Proxies, the forms of Proxies, the cause of a Vacat, the several observations upon the return of such usual or unusual Proxies, as were this Parliament returned, the returns of which are set down at large, out of the Original Journal Book it self, with divers other things of the like nature, and are digested as the following Passages of this first Parliament of Queen Eliz. into an orderly and exact Journal.
Before the Writs for the Summoning of this Parliament were sent forth, the Queens Majesty did send her Warrant to Sir Nicolas Bacon Knight, Lord Keeper of the great Seal of England, commanding him speedily to cause the said Writs to be made, as in like cases had been formerly accustomed, the usual Form of which Warrant being by Bill Signed, is as followeth.
Elizabeth, by the Grace of God, Queen of England, France, and Ireland, Defender of the Faith, &c. To our right Trusty and right Wel-beloved Nicolas Bacon Knight, Lord Keeper of our Great Seal of England, Greeting.
Whereas we by our Council, for certain great and urgent Causes concerning us, the good Estate and Common-wealth of this our Realm, and of the Church of England, and for the good Order and continuance of the same, have appointed and Ordained a Parliament to be holden, at our City of Westminster, the first day of April next coming, in which case divers and sundry Writs are to be directed forth, under our Great Seal of England, as well for the Prelates, Bishops, and Nobility of this our Realm, as also for the Election of Knights, Citizens, and Burgesses of the several Counties, Cities, and Burroughs, Towns of the same, to be present at the said Parliament, at the day and place aforesaid.
Whereupon, We Will, and Command you, forthwith upon the receipt hereof, and by Warrant of the same to cause such, and so many Writs to be made, and Sealed under our Great Seal for the accomplishing of the same, as in like Cases hath been heretofore used and accustomed. And this Bill Signed with our own hand, shall be as well unto you, as to every such Clerk and Clerks as shall make and pass the same, a sufficient Warrant or Discharge in that behalf given.
Upon this Warrant the Lord Keeper sends out the said Writs of Summons returnable the 23th day of January, being Monday, and bearing Date at Westminster the 5th day of December, in the first year of the Queen, the form of which Writ is as followeth.
Elizabetha, Dei Gratia, Angliæ, Franciæ, & Hiberniæ, Regina, Fidei Defensor, &c. Clarissimo Consanguineo suo, Thomæ Duci Norfolciæ, &c. Salutem, Quia de advisamento & assensu Consilij nostri, pro quibusdam arduis & urgentibus negotiis, nos, statum, & defensionem Regni nostri Angliæ, & Ecclesiæ Anglicanæ concernentibus, quoddamP arliamentum nostrum apud Civitatem nostram Westmonasterij vicessimo tertio die Januarij proximè futuro teneri ordinaverimus, & ibidem vobiscum & cum Prelatis, Magnatibus, & Proceribus dicti Regni nostri, colloquium habere & tractatum, vobis sub side & ligeancia, quibus nobis tenemini, firmiter injungendo Mandamus, quod consideratis dictorum negotiorum arduitate, periculis imminentibus, cessante excusatione quâcunq; dictis die & loco personaliter intersitis, nobiscum & cum Prælatis, Magnatibus & Proceribus prædictis, super dictis negotiis tractatur', vestrumque consilium impensur', & hoc sicut nos & honorem nostrum, & salvationem & Defensionem Regni & Ecclesiæ prædict', expeditionemque negotiorum dictorum diligitis nullatenus omittatis. Teste me ipsâ apud Westmonasterium quinto Die Decembris Anno Regni nostri primo.
The Writ to the Archbishop of York (for the See of Canterbury was now void by the Death of Cardinal Pool) was after this Form ensuing.
Elizabetha, Dei Gratia, &c. Reverendissimo in Christo Pat. i, Nicholao Archiepiscopo Eboracen' &c. And so to the end as it is in the Duke of Norfolks Writ, unless perhaps after the word Mandamus, the words following are, in side & dilectione quibus nobis tenemini, &c. instead of these words to the Temporal Lords, Sub side & Ligeancia quibus nobis tenemini.
The Writs that were directed to the two Marquesses of Winchester and Northampton, and to all the Earls Summoned to this Parliament, differed nothing from that, by which the Duke of Norfolk was Summoned.
The words of the Writs that were directed to any Bishop, this Parliament, were Verbatim the same with the Archbishops, only differing in the Style which is set down before their Christian Names, being added in these words, Reverendo in Christo Patri, instead of these words inserted into the Writs directed to the Archbishops, viz. Reverendissimo in Christo Patri.
The Writs to the Viscounts and Barons are thus directed, viz. Dilecto & fideli suo Anthonio Vicecomiti, &c. and then all the rest agreeing with the aforesaid Writ set down as directed to the Duke of Norfolk.
The Writs, by which the Judges are Summoned are directed thus, Dilecto & Fideli suo, &c. and differ from the Peers Writs in these words (tractare & Consilium suum impendere, but not ordinare) and the same Style is inserted in the Writs directed to the Queen's Council, and the rest who are to attend in the Upper House.
The Parliament being Summoned to begin, as appeareth by the foregoing Writ set down as directed to the Duke of Norfolk, on the 23th. day of January, it was upon the said day farther Prorogued, in manner and form following.
Memorandum where the Queen's Majesty by her first Writ, Summoned the Parliament to be begun and holden at Westminster the 23. day of January, as by the same Writ bearing Date at Westminster the 5th. day of December in the first year of her Reign it more plainly appeareth. Her Highness upon certain great and weighty Causes, and considerations, her Majesty especially moving, by the advice of her Privy-Council, and of her Justices of both her Benches, and other of her Council Learned, did Prorogue and Adjourn this said Parliament until Wednesday now next following, being the 25th. day of this instant Month, by 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, Angliæ, Franciæ, & Hiberniæ, Regina, Fidei Defensor, &c. prædilectis & fidelibus nostris Prælatis, Magnatibus, & Proceribus Regni nostri Angliæ, ac dilect is & 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 Angliæ, & Ecclesiæ Anglicanæ concernen' dictum Parliamentum nostrum ad diem & locum prædictum teneri ordinaverimus ac vobis per seperalia brevia nostra apud Civitatem & diem prædict' interesse Mandaverimus ad tractand' assentiend' & concludend' super his quæ in dicto Parliamento nostro tunc & ibidem proponerentur & tractarentur. Quibusdam tamen certis de causis & considerationibus nos ad hoc specialitèr movend' dictum Parliamentum nostrum usq; 25 diem hujus instantis Mensis Januarij duximus prorogand' ita quod nec vos, nec aliquis vestrum ad dictum 23. diem Januarij apud Civitatem prædictam comparere teneamini, seu arctemini; volumus enim vos & quemlibet vestrum; inde erga nos penitùs exonerari Mandantès & tenore presentium firmitér injungendo precipientes vobis & Cuilibet vestrum ac omnibus aliis quibus in hac parte intererit, quod ad dictum 25. diem Januarij apud prædictam Civitatem Westmonasterij personalitèr compareatis & intersitis, & quilibet vestrum compareat & intersit ad tractand', faciend', agend', & concludend', super his quæ in dicto Parliamento nostro de Communi concilio dicti Regni nostri favente domino contigerit ordinari. Teste me ipsâ 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 as 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 William Lord Dacres, which said Proxie is entred in the beginning of the Original Journal Book, remaining with the Clerk of the Upper House, in manner and form following.
23. Januarij Introductæ sunt Literæ procuratoriæ Willielmi Domini Dacres qui procuratorem suum constituit Anthonium Vicecomitem Mountacute.
This Proxie was delivered to the Clerk of the Parliament, or to his Servant or Deputy; for the Course (as I suppose) hath been, and is at this day, that the Proxie may be delivered either in or out of Parliament, And the Delivery thereof is good, only the Clerk of the Upper House doth usually Register or enter the same in the beginning of the Journal of that Session or Parliament, with the direct day of the Month on which he received it, and sometimes sets not the day down, the form of which Proxie may be conjectured to have been as followeth.
Omnibus Christi Fidelibus ad quos hoc presens scriptum pervenerit Willielmus Dominus Dacres Salutem. Noveritis me prefatum Dominum Dacres per Licentiam Serenissimæ Dominæ nostræ Reginæ a presenti hoc suo Parliamento tent' & inchoat apud Westmonasterium &c. sufficientè excusatum abesse, nominare, ordinare, & constituere dilectum mihi in Christo & honorandum virum Anthonium Vicecomitem Mountacutum meum verum, certum, & indubitatum factorem, actorem, Atturnatum, seu procuratorem per presentes; eidemque procuratori meo dare & concedere plenam Authoritatem, & potestatem, pro me, & nomine Meo, de, & super quibuscunq; causis & Negotiis in Presenti hoc Parliamento exponendis, seu Declarandis tractandi tractatibus, achujusmodi, mihifactis, seufaciendis consilium & auxilium nomine meo impendendi Statutisq; etiam& ordinationibus, quæ ex Maturo & deliberato Judicio Dominorum tam Spiritualium quam Temporalium in eodem Parliamento Congregator' mactariseu ordinari contigerint nomine meo consentiendi eisdemq; si opus fuerit, subscribendi cæteraq; omnia et singula quæ in premissis Necessaria fuerint seu quomodolib' requisita faciendiet exercendi in tam amplis Modo et forma, ut ego ipse facere possem, aut deberem, si præsens personalitèr interessem, Ratum et gratum habiturus totum et quicquid procurator' meus statuerit, aut facerit in premissis; in cujus rei testimonium presentibus subscripsi Sigillumque apposui dat' &c. Anno Regni Dictæ Dominæ nostræ Elizabethæ Dei Gratia Angliæ Franciæ & Hiberniæ Regina, Fidei Defensoris &c. Primo.
Here under the Proxie is usually the name of the Lord that sendeth it Subscribed.
Note, that this is not the direct Copy of the Proxie sent by the Lord Dacres, but only his name added unto it, being set down according to the form, observed both in these times, and in ours which have since followed; for if these Lords, who do constitute Proctors, have their Proxies drawn by the Clerk of the Parliament's direction, which is the best and most usual course, then are they always drawn in manner and form aforesaid.
But if any Lord, by reason of his far distance from the place where the Parliament is held, or by some other occasion, doth make his own Proxie, then the form doth usually differ from that which is before set down, and is in manner and form as followeth, to which I have added the name of the Bishop of Peterborough, because the Spiritual Lords do most usually venture to make their own Proxies, and because the said Bishops Proxie is entred the 23th. day of January in the Original Journal Book of this first Parliament of the Queen, next after the Proxie of the Lord Dacres before set down, the entrance whereof is as followeth.
23. Januarij Introductæ sunt literæ procuratoriæ David Episcopi Petriburgi qui procuratores suos constituit Nicholaum Archiepiscop' Eboracen' Edmund' Episcop' London, & Radolph' Episcop' Coventr' & Litch.
This Proxie that followeth being of a new form, and different from that which is before set down, is here added, as sent by the Bishop of Peterborough, for the reason above expressed.
Pateat universis per presentes, Quod ego David permissione Divina Peterburgen' Episcopus Licentia Regia in ea parte prius obtent' Necnon diversis Arduis impeditus & detentus Negotiis, quo minus in presenti Sessione Parliamenti hujus inclyti Regni Angliæ personaliter comparere debit' præstare obsequium ac in ea parte inservire Valeam, Reverendissimum in Christo Patrem Nicholaum, providentia divina Eboracen' Archiepiscopum totius Angliæ Primati & Metropolitano et Reverendos in Christo Patres Edwardum Episcop' Londinen' & Radolph' Episcop' Coventr' et Litch' et eorum utrumq; conjunctim et divisim, meos veros, legitimos actores, factores, atturnatos, et procuratores facio et constituo; eisdem que procuratoribus meis, et eorum utriq; conjunctim et divisim plenam in Domino do et concedo Authoritatem, et potestatem, per me, et in nomine meo, in dicta presenti Sessione Parliamenti compend' et de, et super quibuscunq; Negotiis in eadem presenti Sessione Parliamenti exponend' declarand' et tractand' tractatibus hujusmodi mihi fact' seu faciend' consilium nomine meo impendend' Statutisq; etiam & ordinationibus, quæ ex maturo et deliberato judicio Dominorum, tam Spiritualium quam Temporalium, in eadem presenti Sessione Parliamenti congregat' mactetari, seu ordinari contigerint, nomine meo consentiend' cæteraq; omnia singulaq; in premissis, seu circa ea necessaria fuerint seu quomodolibet requisita faciend' perimplend' & exercend' in tam amplis modo et forma, ut ego ipse facere possem, et deberem, sipresens Personaliter interessem, Ratum et Gratum habens' et habitur' totum et quicquid procuratores mei prædicti statuerint aut fecerint, seu alter eorum statuerit aut fecerit in premissis. In cujus Rei testimonium. Sigillum meum magnum et Episcop' presentibus apponi, feci, dat' etc' Anno Domini Millesimo Quingentessimo Quinquagessimo Octavo.
I do observe it to be very usual, (yet not always observed) in the return of Proxies, to suppose the Parliament to be begun, although they be returned sometimes before it begins, as these, and divers others which now follow (according to the entrance of the returns of them) were in this first Parliament of the Queen. Besides, the said Proxies are many times Dated divers days, nay weeks, before the first day on which the beginning of it is limited by the Summons: by which means it may also fall out, that if there be any Prorogations, the said Proxies may be both Dated and returned many Months before the Parliament do hold, but the reason, I conceive, of this Clause in every Proxie, may be, because, before any use can be made of it in the Upper House, or that be called for, the House must of necessity be set, and be in agitation of Business, and then the Course is, if any thing come to the Question, the Clerk of the Parliament, or his Deputy, is to search the Journal Book, to see whether such Lords as give their Voices, for others that be absent, be indeed nominated, and appointed their Proctors.
This same day were many other Proxies both usual and extraordinary returned, of which, and of the nature and forms of Proxies, more shall be presently said, after the setting down of the return of the said Proxies, inserted at the beginning of the Original Journal Book of this first Parliament of the Queen, in manner and form as followeth.
Eodem die (viz. 23. die Januarij) Introductæ sunt Literæ procuratoriæ Johannis Domini Mordant, in quibus procuratores suos constituit Henricum Comitem Arundel, et Franciscum Comitem Bedford.
Vacat. Eodem die introductæ sunt Literæ procuratoriæ Thomæ Tresham prioris Sti. Johannis Jerusalem in Anglia, qui procuratorem suum constituit Nicholaum Archiepiscop' Eboracen.
Eodem die introductæ sunt Literæ procuratoriæ Willielmi Domini Paget, qui procuratores suos constituit Henricum Comitem Arundel & Franciscum Comitem Bedford.
Eodem die introductæ sunt Literæ procuratoriæ Cuthberti Episcopi Dunelmen', qui procuratorem suum constituit Archiepiscopum Eboracen.
Eodem die introductæ sunt Literæ procuratoriæ Johannis Comitis Bathon', qui procuratorem suum constituit Henricum Comitem Rutland.
Eodem die Introductæ sunt Literæ procuratoriæ Georgij Domini Zouch, qui procuratorem suum constituit Franciscum Comitem Bedford.
Eodem die Introductæ sunt Literæ procuratoriæ Henrici Domini Aburgavenæ, qui procuratorem suum constituit Franciscum Comitem Bedford.
Eodem die Introductæ sunt Literæ procuratoriæ Thomæ Episcopi, Ely in quibus procuratores suos Constituit Nicholaum Archiepiscopum Eboracen' Episcopos Cestren' et Lincoln. And Note that the Christian Names of these two Bishops are omitted in the original Entrance.
Introductæ sunt Literæ procuratoriæ Willielmi Domini Burgh, in quibus procuratorem suum constituit Edwardum Dominum Clinton, Admirallum Angliæ.
Introductæ sunt Literæ Procuratoriæ Edwardi Domini Windsor', in quibus procuratorem suum constituit Edwardum Dominum Clinton, Admirallum Angliæ.
Introductæ sunt Literæ procuratoriæ Willielmi Domini Euers, in quibus procuratorem suum constituit Edwardum Dominum Clinton, Admirallum Angliæ.
Introductæ sunt Literæ procuratoriæ Gilberti Episcopi Bathen' & Wellen', qui procuratores suos constituit Nicholaum Archiepiscopum Eboracen', Edmund' London', et Davidem' Petreburgen', Episcopos.
Introductæ sunt Literæ procuratoriæ Henrici Episcopi Meneven' in quibus procuratores suos constituit Nicholaum Archiepiscopum Eboracen', ac Davidem' Petreburgen', Episcopos.
The Proxies introducted this day, and entred in the beginning of the Original Journal Book of the Upper House, as the constant use is, are referred by me always to those days on which they were entred to have been returned, unless it be in such Journals, where the day of the return is not entred, as in the Original Journal Book, A. 39. Regin. Eliz. from which time to this day, the same Course hath been observed.
And because I have desired to make up a work somewhat exact and perfect, of the Journals of the Reign of this most Gracious Queen, and once for all to make some Animadversions upon all matters of form in this Journal of her Majesties first Parliament, that so all other may be referred unto it, therefore I shall now add a little, touching the nature, kinds, and use of Proxies, as I have set down before, touching the Writs of Summons.
A Proxie therefore is no more than the constituting of some one or more, by an absent Lord, to give his Voice in the Upper House, when any difference of Opinion, and Division of the House, shall happen, for otherways, if no such Division fall out, it never cometh to be questioned, or known to whom such Proxies are directed, nor is there any the least use of them, save only to shew, prove, and continue the Right which the Lords of the Upper House have, both to be Summoned, and to give their Voices in the same House, either in their Persons, or by their Proxies; And when the Voices of that House are to be divided, then the Clerk of the same, if he be present, or his Deputy, gives notice of such Proxies, as have been introducted and delivered unto him, and to whom they are directed, that they may give them accordingly. And as many Proxies as any Peer hath, so many voices he hath besides his own, and if there be two or three Proxies constituted by one absent Lord, as is frequent, then always the first named in the same is to give the Voice if he be present, and if absent then the second, et sic de reliquis.
It is plain by that ancient Manuscript Intituled, Modus tencndi Parliamentum, of which I have a Copy both in French and Latin, Cap. de inchoatione Parl. that if a Peer neither came to the Parliament, nor sent a Proxie upon his Writ of Summons he forfeited 100 l. if an Earl 100 Marks, if a Baron which was after qualified, viz. Rotulo Parliamenti A. 31. H. 6. Num. 46. And a Duke for such default was fined 100 l. an Earl 100 Marks, and a Baron 40 l.
And it is plain, that Anciently the Lords Spiritual and Temporal were often absent without the King's Licence, and did then only send the Expression of the Cause of their said absence, in their said Proxies, as did the Abbot of Selby. A. 26. Edw. 3. as appears, ex Registro ejusdem Abbac' alledging only this reason, Quia impedimentis variis et arduis Negotiis concernentibus reformationem status Domûs nostræ simus multiplicitèr impediti & c. and so likewise in A. 36. H. 8. the Cause of the Abbot of Shrewsburies absence is thus expressed in the Original Journal Book of the Upper House, A. codem 20. die Parliamenti relatum est Quod Abbas Salop' gravi infirmitate detinetur quod hîc interesse nequit, ideo constituit procuratores suos Episcopum Coventr' et Litch' et Comitem Salopiæ conjunctim et divisim, but always then the Proxies were directed to the King, and did in truth contain in them as well supplication for his Pardon of their absence, as a Constitution of their Proctors, as doth plainly appear by this Proxie following, of the Abbots of Thorney, which I have the rather inserted at large, because the very Original it self under Seal remaineth with me amongst many other pretious Originals in my Library.
Excellentissimo Principi et Domino suo singularissimo Domino Henrico Dei Gratiâ Regi Angliæ et Franciæ, ac Domino Hiberniæ, suus humillimus et Devotus Robertus Dei patientia divina Abbas Monasterij beatæ Mariæ sanctiq; Botolphi de Thorney subjectionem, et sidelitatem 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 felicitèr inchoand' Nè personali comparitione in eodem penès vestram regiam celsitudinem quoties opus fuerit excusand' precipuè pretextu adversæ valetudinis nostræ cæterisq; ex causis justis veris et probabilibus quod interesse non valemus prout affectamus: Quaproptervestræ Regiæ humilitèr celsitudini supplicamus quatenus absentiam nostram personalem in hâc parte excusatam gratiosè dignetur haberevestræ 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 Atturnatosq; fideles tenore presentiam constituimus et ordinamus, promittens me ratum gratum et firmum perpetuo habiturum quicquid prædicti pro me, et nomine meo, fecerint vel alter secerit in premissis seu aliquo promissor' veltræ Regiæ 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 prædict' decimo quarto dìe 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 Assidavit 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. et 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 likewife 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. prædict', 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 sussiciently 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:
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 Sealed 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 pervenerit Edmundus Comes de Mulgrave Salutem. Noveritis me presatum 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, eidemq; procuratori meo dare, & concedere plenam Authoritatem, & potestatem, pro me & nomine meo, de & super quibuscunq; causis & negotiis in Presenti hoc Parliamento exponendis, seu declarandis tractandi, tractatibusq; hujusmodi inibi factis seu factendis consilium & auxilium nomine meo impendendi statutisq; etian & ordination' quæ ex maturo & deliberato judicio Dominorum in eodem Parliamento congregat' inactitari seu ordinari contigerint nomine meo consentiendi. Cæteraq; omnia & singula quæ in præmissis 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 Procurator meus statuerit aut fecerit in præmissis. In cujus rei testimonium præsentibus subscripsi Sigillumq; 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 Preligents of this kind to be inserted here at large, in reipect 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.
Fruncis 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 Jan. the Parliament was held, according to the last Prorogation thereof on Monday the 23th. day of this instant January foregoing, and therefore this day is to be reckoned the first day of the Parliament, and it was the error of—Seimour Esq; at this time Clerk of the House of Commons, that in the Original Journal Book of the same House, fol. 186. a. he accounteth, and fetteth down the Parliament to have begun on the aforesaid 23th. day of January, when it was only prorogued, by which he would make that to be the first day thereof.
True it is, that Anciently if the Parliament had been Prorogued on that day, to which the Summons thereof had referred, in the beginning of it, they were so far from accounting that day the first of the ensuing Parliaments, that new Writs of Summons were thereupon sent forth, and a new day appointed for the beginning thereof, as appears in the Parliament Rolls. Anno 23. Edw. 1. die 20. Novemb. An. 60. Edw. 1. die 11. Decembris A. 33. Edw. 1. die 13. Julij & A. 11. Edw. 2. die 3. Martij.
But yet it hath been the constant usage most Anciently, and doth doubtless hold at this day also, that if the King do come in Person to the Parliament, on that day to which the Writs of Summons do refer, and there cause it to be referred to another day in his own presence, then shall that day be accounted the first day of the Parliament; of which there are many Presidents also, in the Parliament Rolls still remaining in the Tower of London, prout in A. 6. Edw. 3. Octobris Sti' Hillarij A. 14. Edw. 3. tempore Quadragessimi & A. 15. Edw. 3. Quindena Paschæ; 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. Dictæ Reginæ on Thursday the 15th. day of March.
The Presence of her Majesty, the Lord Keeper, and the Lords Spiritual and Temporal, is not at all marked in the Original Journal Book of the Upper House, although this entrance following of the said day be there thus Recorded, viz.
Die Mercurij 25. die Januarij proceres, tam Spirituales quam Temporales, quorum nomina subsequuntur, presentes fuerunt.
But before this Title there is nothing specified, touching the presence of her Majesty, or of any of the Lords, for the Letters which should be set at the beginning of the names of such Peers as this day attended her Majesty in the Upper House, are not at all prefixed to any of them, which doubtless happened, through the great negligence of Francis Spilman Esq; at this time Clerk of the Upper House.
Yet most certain it is that her Majesty, Sir Nicholas Bacon, the Lord Keeper, the Duke of Norfolk, and divers other Peers were present; but the direct manner of the ranking of them, in respect of the negligent omission of setting the Pr. as aforesaid at the beginning of every Lords name that was present, could not be orderly and and directly entred in his place, although this was the first day of this first Parliament of her Majesty, nor on Saturday the 28th. day of this instant January, being the second day of the same, because by like negligence of Francis Spilman Esq; at this time Clerk of the Upper House, there is no presence of any Lords there set down in the Original Journal Book of the same House, nor any mention of the Speakers presentment by the Knights, Citizens, and Burgesses of the House of Commons; and therefore of necessity it could not be supplied, until the third day of this foresaid first Parliament of her Majesty, being Monday the 30th. day of this instant January; on which day the names of all the Lords Spiritual and Temporal being entred, the Letters Pr. are prefixed before the name of the Lord Keeper, and of such Peers as were then present: (as see at large on the said Monday next ensuing) and therefore that President there so expresly Transcribed, may serve as a Pattern for all the residue that follow in all the Journals of the Upper House during her Majesties Reign: in which there are no other names inserted, but of such Lords as were marked to be present, unless it be upon Thursday the 21th. day of March following, in the afternoon in this present Journal, and on Fryday the 15th. day of January in the Session of Parliament. A. 5. of her Majesty in the Journal of the Upper House.
And although the names of her Majesty, and the Lords that attended could not be exactly set down, yet it will not be impertinent in the next place, to insert the manner of their sitting in the said House, which being not at all mentioned in the aforesaid Original Journal Book of the same, A. 1. Reg. Eliz. I have therefore partly supplied it, according to 3 other Presidents in these ensuing Journals on which the first was on Thursday the 12th. of Jan. in the Session of Parliament, A. 5. Reg. Eliz. the second, on Wednesday the 2d. day of Octob. pomerid', in the second and last Session of that Parliament, being held in A. 8. Reg. ejusd. and the third, on Monday the 2d. day of Apr. in the Parliament A. 13. Regin. prædict' all which do follow in the several Journals of the Upper House, Annis præfatis, and it is partly supplied also out the Printed Statute, A. 31. H. 8. C. 10. and partly out of that elaborate written Treatise, intituled Modus tenendi Parliament' apud Anglos, first confusedly gathered by Wil. Bowyer Esq; as I conceive, and now lately digested into a Methodical Treatise, and enlarged by H. Essing Esq; at this time Clerk of the Upper House, viz. in A. 1630. L.1.C. 3. de loco & modo sedendi. Sect. 3. of the manner of sitting in Parliament at this day.
Her Majesty sate in the Chair of Estate, and when she stood up, her Mantle was assisted, and born up from her Arms by two Noblemen, or others of Eminent Rank thereunto appointed.
The Two Seats, on the right, and left-hand of the Chair of Estate, were void, in respect that the first was Anciently for the King of Scots, when he used to come to our Parliaments: and the other, on the left hand, is for the Prince, the immediate Heir of the Crown.
On the Form on the right side of the Chair of Estate, which stands on the North-side of the Upper House, sate the Spiritual Lords, the Archbishop of York beginning the Form; and the Abbot of Westminster ending it. Who was the last Abbot that ever sate in the said House in England, since this first Parliament of her Majesty.
But at this day the two Archbishops sit upon one Form by themselves, and then the other Bishops in order upon two Forms, on the right hand of the State; the Bishop of London sits first, the Bishop of Durham second, and the Bishop of Winchester hath the third place, and then all other Bishops, according to the Antiquity of their Consecrations.
On the left side of the Chair of Estate, which is on the South-side of the Upper House, upon the foremost Form, sate all the Temporal Lords, above the degree of Barons. The Marquess of Winchester Lord Treasurer of England, beginning that Form, and the Viscount Bindon ending it.
The Barons fate on the second Form, on the left hand of the State, and it should seem at this Parliament (as it fell out also in the next Sessions following, in A. 5. Regin. Eliz. on Tuesday the 12th. day of January) that one Form held them all, so as the Lord Clinton, Lord Admiral of England, began the said Form by reason of his Office, and the Lord St. John of Bletsoe ended it. But at this day the number of Peers being much encreased, divers of the Barons do fit upon other Forms, Places, Cross-ways, at the lower end of the House.
Sir Nicholas Bacon, the Lord Keeper, because he was under the degree of a Baron, as also her Majesties chief Secretary, being but a Knight, were to have been placed at the uppermost part of the sack in the midst of the said House, upon one Form, by the fore recited Statute, A. 3. H. 8. Cap. 10. But at this present Parliament as also at this day, during her Majesties being present, the Lord Keeper stood behind the Cloth of Estate, on the right-hand; and when her Majesty was absent, then his Lordship fate on the first Woolsack which is placed athwart the House, the Seal and Mace by him.
On the Woolsack on the North-side of the House, and of the right-hand of the Estate, fate the two Chief Justices, and divers other Judges.
On the Woolsack on the left-hand of the Estate, and on the South-side of the House, fate the Master of the Rolls, the Lord Chief Baron, the Queen's Learned Council, and others. And note, That all these may properly be said to sit on the Inner-side of the Woolsacks, and the Queen's Learned Council on the outside of the Woolsacks, next the Earls.
The Masters of the Chancery sate two of the same side, and two on the other side, next the Bishops.
The Clerk of the Parliament, and the Clerk of the Crown, sate on the lower Woolsack, and had a Table before them.
And the Clerk of the Parliament had his Clerks under him, who kneeled behind the Woolsack, and wrote thereon.
All those Peers (as appears by the Journal of the Upper House. A. 8. Regin. Eliz. the 2. day of Feb. being Wednesday, which follows after in its due place) who are before mentioned, had their Mantles, Hoods, and Surcoats, (being of Crimson Velvet, or of Scarlet) furred with Meniver, their Arms put out on the right side, and the Duke of Norfolk had four Bars of Meniver. The Marquess of Wincbester, and the Earls three. And the Viscounts, and the Barons, two.
Henry, Earl of Southampton, and the Lord Dacres, of the North, were, as I conceive at this time, both under Age, and in ward to her Majesty, and if they were present, (as many times such were admitted upon such Solemn days as these,) then doubtless they did either stand besides the upper part of the rail, at the higher end of the Parliament House; or else were admitted to kneel at the upper end of the said House, near the Chair of State, for no Peer is called to sit as a Member of that great Council, or to have his free voice, until he have accomplished his full Age, unless by the special grace of the Prince, and that very rarely, unless they be near upon the Age of twenty at the least. The Sons and Heirs apparent of Peers, that sit in the House, stand, on ordinary days, without the upper Rail.
These Animadversions being thus premised, touching the places, and Robes of the Peers; now follows the coming up of the Knights, Citizens, and Burgesses, of the House of Commons, into the Upper House, which, being not found in the Original Journal Book of the same, I have suppli'd with some additions out of the Original Journal Book of the House of Commons, A. primo Regin. Eliz. and with it the Speech of Sir Nicholas Bacon, Lord Keeper, at large, out of a Copy thereof I had by me.
The Knights, Citizens, and Burgesses of the House of Commons remained sitting in their own House till notice was brought them by . . . . . . . (according to the Ancient Custom and usage,) that her Majesty, the Lords Spiritual and Temporal, and the residue were set in the Upper House, expecting their repair thither, whereupon they went up immediately unto the said House, and being set in, as many as conveniently could, and standing below the Rail or Bar, at the nether end of the said House, Sir Nicolas Bacon, Lord Keeper, after he had first privately, in the presence of them all, conferred with her Majesty, went and stood behind the Cloth of Estate, on the right hand, and there spake as followeth; viz.
My Lords, and Masters all, The Queen's most excellent Majesty, our Natural and most Gracious Sovereign Lady, having, as you know, Summoned hither her High Court of Parliament, hath commanded me to open and declare the chief Causes and Considerations that moved her Highness thereunto. And here, my Lords, I wish (not without great cause) there were in me ability to do it in such order and sort, as is beseeming for her Majesties honour and the understanding of this presence, and as the great weightiness and worthiness of the Matter doth require it to be done. The remembrance whereof, and the number of my imperfections to the well performing of it, doth indeed (plainly to speak) breed in me such Fear and Dread, that as from a man abashed, and well nigh astonied, you are to hear all that I shall say therein. True it is, that some Comfort and Encouragement I take, through the hope I have conceived, by that I have seen and heard of your gentle sufferance by others, whereof I look upon equal cause, equally with others to be partaker: and the rather, for that I am sure good will shall not want in me to do my uttermost, And also because I mean to occupie as small a time as the greatness of such a cause will suffer, thinking that to be the meetest Medicine to cure your tedious hearing, and mine imperfect and disordered speaking. Summarily to say, the immediate cause of this Summons and Assembly, be Consultations, Advice, and Contentation. For although divers things that are to be done here in Parliament, might by means be reformed without Parliament, yet the Queen's Majesty, seeking in her Consultation of importance, Contentation by assent, and surety by Advice; and therein reposing her self not a little in your Fidelities, Wisdoms and Discretions, meaneth not at this time to make any Resolutions in any matter of weight, before it shall be by you sufficiently and fully debated, examined and considered. Now the Matters and causes whereupon you are to Consult, are chiefly and principally three points. Of those the first is of well making of Laws, for the according, and uniting of these people of the Realm into an uniform order of Religion, to the Honour and Glory of God, the establishing of the Church, and Tranquillity of the Realm: The second, for the Reforming and removing of all Enormities, and Mischiefs, that might hurt or hinder the Civil Orders and Policies of this Realm: the third and last is, advisedly and deeply to weigh and consider the Estate and Condition of this Realm, and the Losses and Decays that have happened of late to the Imperial Crown thereof; and therefore to advise the best remedies to supply and relieve the same. For the first, the Queen's Majesty having God before her Eyes, and being neither unmindful of Precepts and Divine Councils, meaneth and intendeth in this Conference, first and chiefly there should be sought the advancement of God's honour and Glory, as the sure and infallible foundation, whereupon the Policies of every good Common-Wealth are to be erected, and knit; and as the straight line, whereby it is wholly to be directed and governed; and as the chief Pillar and Buttress, wherewith it is continually to be sustained and maintained. And, like as the well and perfect doing of this, cannot but make good success in all the rest, so the remiss and loose dealing in this, cannot but make the rest full of imperfections and doubtfulness; which must needs bring with them continual Change, and alteration; things much to be eschewed in all good Governances, and most of all in matters of Faith and Religion; which of their natures be, and ought to be, most Stable.
Wherefore her Highness willeth, and most earnestly requireth you all, first and principally, for the Duty you bear unto God, whose cause this is; and then for the Service you owe to her Majesty, and your Country, whose Weal it concerneth universally; and for the Love you ought to bear to your selves, whom it toucheth one by one, particularly, That in this Confultation, you with all humbleness, singleness and pureness of mind, confirm your selves together, using your whole endeavour and diligence, by Laws and Ordinances to Establish that, which by your Learning and Wisdom shall be thought most Meet for the well performing of this godly purpose: and this without respect of Honour, Rule or Soveraignty, Profit, Pleasure or Ease, or of any thing that might touch any Person in estimation or opinion of Wit, Learning or Knowledge; and without all regard of other manner of Affection. And therewith, That you will also in this your Assembly and Conference clearly forbear, and, as a great enemy to good Council, fly from all manner of Contentions, Reasonings and Disputations, and all Sophistical Captious and frivolous Arguments and Quiddities, meeter for ostentation of Wit, than Consultation of weighty Matters, comelier for Scholars than Counsellors; more beseeming for Schools, than for Parliament Houses. Besides that commonly they be great causes of much expence of time, and breed few good Resolutions. And like as in Council all contention should be eschewed, even so by Council provision should be made, that no Contentions, Contumelious, nor opprobrious words, as Heretick, Schismatick, Papist and such like names, being Nurses of such Seditious Factions and Sects, be used, but may be banished out of mens Mouths; as the Causers, continuers and encreasers of Displeasure, Hate and Malice; and as utter Enemies to all Concord and Unity, the very Marks that you are now come to Shoot at.
Again, as in proceedings herein great and wary Consideration is to be had, That nothing be advised or done, which any way in continuance of time were likely to breed, or nourish any kind of Idolatry, or Superstition; so, on the other side, heed is to be taken, that by no Licentious or loose handling, any manner of Occasion be given, whereby any contempt, or irreverent behaviour towards God and Godly things, or any spice of irreligion might creep in, or be conceived; The examples of fearful punishments that have followed these four Extremities, I mean, Idolatry, Superstition, Contempt and Irreligion in all Ages and times, are more in number than I can declare, and better known than I can make recital to you of. And yet are they not so many, or better known than by the continual budding benefits and blessings of God to those that have forsaken those extremities, and embraced their Contraries. And for your better encouraging to run this right and strait course, although that which is said ought to suffice thereto, I think I may affirm, that the good King Hezekiah had no greater desire to amend what was uniss in his time; nor the Noble Queen Hester a better heart to overthrow the Mighty Enemies to God's Elect, than our Sovereign Lady and Mistress hath to do that may be just and acceptable in God's sight: Thus forced to this by our Duties to God, feared thereto by his punishments, provoked by his benefits, drawn by your love to your Country, and your selves, encouraged by so Princely a Patroness, Let us in God's name go about this work, endeavouring our selves with all diligence, (as I have before said) to make such Laws, as may tend to the honour and Glory of God, to the Establishment of his Church, and to the Tranquility of the Realm.
For the Second, There is to be considered what things by private men devised, be practised, and put in ure in this Realm, contrary or hurtful to the Common-Wealth of the same, for which no Laws be yet provided; and whether the Laws before this time made be sufficient to redress the Enormities they were meant to remove, and whether any Laws made but for a time, be meet to be continued for ever, or for a Season: Besides, whether any Laws be too severe or too sharp, or too soft and too gentle; To be short, you are to consider all other imperfections of Laws made, and all wants of Laws to be made, and thereupon to provide the meetest Remedies, respecting the Nature and Quality of the disorder and offence; the inclination and disposition of the people; and of the manner of the time.
For the Third and last, (a Marvellous matter) I cannot see how a good true Englishman can enter into the consideration of it, but it must breed in his breast two contrary effects; Comfort I mean, and discomfort; joy, and sadness; for on the one part, how can a man (calling to his remembrance, that God of his divine Power and Ordinance, hath brought the Imperial Crown of this Realm to a Princess,' that so Nobly, diligently, willingly and carefully doth, by the advice of all the Estates of the Realm seek all the ways and means that may be, to Reform all disorders and things, that be amiss; to continue and make firm that that is good, to detect and discourage those that be dishonest and evil; to execute Justice in all points to all persons and at all times, without rigour and extremity, and to use Clemency, without Indulgence and fond Pity.
A Princess, I say, that is not, nor ever meaneth to be, so Wedded in her own will and Fantasie, that for the satisfaction thereof, she would do any thing that was likely to bring any servitude or Bondage to her people, or give any just occasion to them of any Inward Grudge, whereby any Tumult or stirs might arise, as hath done of late days, things most pernicious and Pestilent to the Common-Wealth; A Princess, that never meaneth or intendeth, for any private affection, to advance the Cause or Quarrel with any Foreign Prince or Potentate, to the destruction of her Subjects, to the loss of any of her Dominions, or to the impoverishing of her Realm; A Princess, to whom nothing, what Nothing? no, no worldly thing under the Sun is so dear, as the hearty Love and good will of her Nobles and Subjects, and to whom nothing is so Odible, as that they might cause, or by any means procure the contrary.)
How can (I say) a man remember this wonderful benefit, but of necessity he must needs heartily rejoyce, and give God thanks for the same! But, my Lords, the handling of the Princely vertues of this Noble Princess, the cause of our rejoycing, of purpose I pretermit, partly because I ever supposed it not altogether meet for this presence; but chiefly, for that it requireth a perfect, and Excellent Orator, in whom both Art and Nature Concurs, and not to me, a man in whom both fails. Marry, I wish in my heart, an Apt person might of have meet presence, and just occasion, to handle this matter, as the weightiness of the Cause requireth: But as the Causes of our Rejoycing for such respects be (thanks be to God,) both many and great; so for the causes of our sadness and discomfort, they be neither few nor little.
But here upon great cause, as a man perplexed and amazed, I stay, not knowing what is best to be done; very loth I am to utter that which is much unpleasant for me to speak, and as uncomfortable for you to hear: but because fores and wounds be hardly cured, except they be well opened and searched, therefore constrained, of necessity I see I must trouble you with these sad matters. What man, that either Loveth his Sovereign, his Country or himself, that thinketh of and weigheth the great decays and losses of Honour, Strength and Treasure, yea and the peril that hath happen'd to this Imperial Crown of late time, but must needs inwardly and earnestly bewail the same? Could there have happen'd to this Imperial Crown a greater loss in Honour, Strength and Treasure than to lose that piece, I mean Callis? which was in the beginning so Nobly won, and hath so long time, so Honorably and Politickly, in all Ages and times, and against all attempts, both Foreign and near, both of Forces and Treasons, been defended and kept? Did not the keeping of this breed Fear to our greatest Enemies, and made our faint friends the more assured, and lother to break? yea, hath not the winning and keeping of this, bred throughout Europe an honorable opinion and report of our English Nation?
Again, what one thing so much preserved and guarded our Merchants, their Traffick and entercourses, or hath been so great a help for the well uttering of our chief Commodities, or what, so much as this, hath kept a great part of our Sea-coasts from spoiling and Robbing? To be short, the loss of this is much greater than I am able to utter, and as yet, as I suppose, is able to be understood by any: and yet, my Lords, if this were the whole loss, then might men have some hope in time to come to recover that, that in time hath been thus suddenly and strangely lost; But when a man looketh further, and considereth the Marvellous decays and wast of the Revenue of the Crown, the inestimable consumption of the Treasure, levied both of the Crown, and of the Subject, the Exceeding loss of Munation and Artillery, the great loss of divers valiant Gentlemen of very good Service, the incredible sum of Moneys owing at this present and in honour due to be paid, and the biting interest that is to be answered for the forbearance of this Debt, therewith remembring the Strength and Mightiness of the Enemy, and his Confederates, and how ready he is upon every Occasion, upon every side, and in every time, to Annoy you; And how the time most Meet for that purpose draweth on at hand again; if a man consider the Huge and most Wonderful charge, newly grown to the Crown, more than ever hath heretofore been Wont, and now of necessity to be continued; as first, the maintenance of Garison in certain places on the Sea-coasts, as Portsmounth, with new Munition and Artillery, besides the new increased Charge for the continual maintenance of the English Navy to be ever in readiness against all evil happs; the strongest Wall and defence that can be against the Enemies of this Island; And further also, the new Augmentation or Charge, for the maintenance of a Garison at Barwick, and the Frontiers Northward, Indeed, I must confess that in those matters mine understanding is but small, and mine experience and time to Learn, less: But in mine opinion, this doth exceed the Ancient yearly Revenue of the Crown. Besides, that double so much is of Necessity to be presently spent, about the fortifying of those places in Buildings. When I say a man remembreth, and considereth these things, it maketh him so far from hope of Recovery of that, that is lost, without some aid or Contribution of the Subject; that he will Judge all to be little enough, to make and prepare good defence for that that is left.
Here perchance a Question would be asked, (and yet I do Marvel to hear a Question made of so plain a Matter) what should be the cause of this? if it were asked, thus I mean to answer; that I think no man so blind but seeth it, no man so deaf but heareth it, nor no man so ignorant but understandeth it. Marry withal, I think there is no man so hard hearted in thinking of it, but for the restoring of it would adventure Lands, Limbs, yea the Life. But now to the remedies, wherein only this I have to say; That, as the well looking to the whole universally, is the only sure preservation of every one particularly; so seemeth it of all congruence and reason meet, that every one particularly, by all ways and means readily and gladly, according to his power, should concur, and joyn to relieve and assist the whole universally. Neither can I see, things standing as they do, how any that loveth his Country, or hath wit to foresee his own surety, can be withdrawn from this. Is there any, think you so Mad, that having a Range of houses in peril of fire, would not gladly pluck down part, to have the rest preserved and saved? Doth not the wise Merchant, in every adventure of danger, give part to have the rest assured? These causes well compared, small difference shall be found. And for all this (a strange matter and scarce Credible) with how deaf an Ear, and how hardly the Queen's Majesty may endure to hear of any device that may be burthenous to her Subjects, I partly do understand, and divers others partly perceive. Is not the cause Marvellous Pityful, that the Necessity and Need of this Ragged and Torn State by Misgovernance, should by force so bridle and restrain the noble Nature of such a Princess, that she is not able to show such Liberality and Bountifulness to her Servants, and Subjects, as her heart and Inclination disposeth her Highness unto? What a grief and Torment this is to a Noble Mind! What a grief? surely such a grief, as but to a Noble Mind who feels it, it cannot be understood. But for the more plain declaration of her highnefs's disposition in this matter, her Highness hath commanded me to say unto you, even from her own Mouth, that were it not for the preservation of your selves, and the surety of the State, her Highness would sooner have adventured her Life, (which our Lord long preserve) than she would have adventured to trouble her Loving Subjects with any offensive matter, or that should be burthenous or displeasant unto them; And for the further Notifying of her Highness's mind herein, she hath commanded me to say unto you, That albeit you your selves see, that this is not matter of will, no matter of displeasure, no private Cause of her own, which in times past have been sufficient for Prince's Pretences, (the more Pity!) but a matter for the universal Weal of this Realm, the defence of our Country, the preservation of every man, his house and Family particulary; yet her Majestie's Will and Pleasure is, that nothing shall be demanded or required of her Loving Subjects, but that, which they, of their own free wills and Liberalities, be well contented, readily and gladly, frankly and freely to offer; so great is the trust that she reposeth in them, and the love and affection that her Highness beareth towards them, nothing at all doubting, but that they will so lovingly carefully and prudently consider and weigh this great and weighty Matter, that such provision out of hand be taken therein, as her Highness shall be preserved in all Honour and Royal Dignity, and you, and the rest of her Loving Subjects, in common quiet and surety.
Now, to make an end, The Queen's Majestie's pleasure is, That you, her welbeloved and trusty Knights of her Shires, and Burgesses, according to your laudable Custom, shall repair to your Common House, and there deliberately and advisedly Elect, or rather, amongst so many already Elect persons, select one, both grave and discreet, who after he be by you presented, and that Presentation by her Highness admitted, shall then occupy the Office and Room of your Common Mouth, and Speaker, and of your day of presentation the Queens Majesty giveth you.
As soon as the Lord Keeper had ended his Speech, and the Knights, Citizens and Burgesses retired to the House of Commons, to Elect and choose their Speaker, Francis Spilman Esq; Clerk of the Upper House, stood up, and read the Names of Receivers, and Tryers of Petitions in French, according to the Ancient and unusual manner. And because I resolve in all the ensuing Journals of the said House, during the Reign of this most Sacred Queen, only to set down their said names, without tying my self to the express Form or Language; therefore I have in this place, once for all, Transcribed the exact Form thereof, as it is entred in the Original Journal Book of the Upper House, A. isto primo Regin. Eliz. with this difference only, that whereas it is there entred before the beginning of the said Journal, here I have caused it to be referred unto, and placed in that day, to which it more properly belongs. After which also, divers Animadversions touching the Ancient use and nature of the said Receivers and Tryers, are inserted.
Recepveurs des Petitions d' Angleterre Ir'land Gallee et D' Escoce.
Recepveurs des Petitions de Gascoigne et des autres terres et pais de per de la mer, et des Isles.
Et sout assignes trieurs des Petitions d' Angleterre Ireland Gallee et d' Efcoce.
Et sout assignes Trieurs des Petitions de Gascoigne, et de autres terres let pays per de la mer et des Isles.
The Knights, Citizens, Burgesses, and Barons of the House of Commons, having Notice about one of the Clock in the Afternoon, (of this foresaid Saturday being the 28th. day of Jan.) That her Majesty, the Lord Keeper, and divers Lords, Spiritual and Temporal, were set in the Upper House, expecting their attendance, they repaired immediately thither, with Sir Thomas Gargrave Knight, their Speaker Elect, and reing let in as many as conveniently could, the said Sir Thomas Gargrave was led up to the Rail, or Bar, at the lower end of the said House, by two of the most honorable Personages of the House of Commons; where, after three Reverences made to her Majesty, he modestly and submissively excused himself, as being unable to undergo the many and great difficulties of that place: to which, by the Grace of the Queen, and the undeserved favour of the House of Commons, he had been chosen; Alledging withal, that there were many Members in that House more worthy of the honour, and more able to undergo the Charge of that service, than himself; And therefore desired, and humbly advised the Queen's Majesty, to free him from that employment, and to commend to her Knights, Citizens, and Burgesses of the House of Commons, the Choice of some other of their more able Members.
But notwithstanding all these reasons and excuses, according to the usual form, by the said Prolocutor alledged, Sir Nicholas Bacon Knight, Lord Keeper of the Seal, by her Majesties Commandment, both encouraged him to the Careful undertaking of that Service, and assured him of the Queen's acceptance, and admission of him, by this Oration following.
Sir Thomas Gargrave, the Queen's Majesty doth right well perceive and understand your Comely and Modest manner, in the disabling of your self for this Office, and room, whereunto her Trusty and Wel-beloved Knights and Burgesses have Elected you, and do now presently present you, and therewith also hath heard your Petition and Suit, made with all humbleness and reverence, for your discharge in this matter; for answer whereunto, her Majesty hath commanded me to say unto you, that She her self right well doth understand, that by the Orders and Rules of good Government and Policy, Power and Authority, to receive or refuse any Office of Service in any Common-Wealth, should not be permitted to be in the Arbitriment of him, who is thereunto Orderly called, or appointed, nor that the Judgment and discerning of Ability and disability in service, pertaineth to the person called, but to her Majesty, asdoth right well appear by a Similitude that is old and Common, but neither unapt nor untrue; that is, like as unto the head of a natural body pertaineth the appointment, and as it were the Marshalling of every Member of the same Body to the particular Service, and Office; So to the Head of every Body Politick, be it Emperor, King or less State, belongeth, mediately or immediately derived, the assignment and admitting of every Member of the same body, to his Ministry and Duty, and as the contrary doing in the first, were Monstrous in nature, so surely the contrary doing in the second, were Monstrous in reason. Now her Majesty having this Authority in her, as Head of the Politick Body of this Realm, and therewith being credibly informed of your approved Fidelity, wisdom and discretion, and of the long experience that you have had in Parliament matters, thinketh, that if her Highness should assent to your Desire, it would be prejudicial to her Majesty, and the Common-wealth of the Realm. Besides also, for as much as you have been chosen, and enabled to this Office and place, according to an Ancient and Laudable Order, by so many wife, sage and discreet Knights, and Burgesses, to whose Judgment and opinion, her Highness thinketh it meet and convenient for her to have great regard, and to give much credit; and faith, that for that respect also, her Majesty may not conveniently grant your Petition.
Again, your self, seeking in humble and reverent manner your own discharge and disablement, have indeed, by well, comely, modest and orderly doing thereof, given no small cause, whereby you are to be enabled; and therefore her Majesty, upon these respects and divers others, doth now presently admit this Election, and presentation made of you, nothing at all doubting, but that you will, with such diligence, faithfulness and circumspection, use and Exercise your Office, as thereby the good hope and expectation, that her Majesty hath received of you, by that she hath heard of others already, shall be by that her self shall see and hear, not only confirmed, but also increased and augmented; And so, as her Highness's Loving Subjects of her Common's House, shall neither have just cause to repent their Election, her Majesty her admission, nor you your self the assumption, and taking upon you this Charge.
Unto which Speech of the Lord Keepers Sir Thomas Gargrave humbly submitting himself to the undergoing of the Charge and service imposed on him, made a discreet and submissive answer, in which he expressed the great blessedness now accrewed to the Realm, and all conditions therein, by her Majesties attaining the Crown; being a Princess so Richly endued with Piety, Wisdom, Mercy, Justice and tender Care of her people's good and safety, and with all other gifts of mind and body, requisite for the Government of so great a Kingdom.
Then he proceeded to many hearty Prayers, and feeling Expressions of the good success of the Parliament, and for the uniting of their Councils in one Issue, and to the repairing of the many losses, and preventing of many dangers, now imminent over the Realm. And lastly, he came, according to the usual Form, first to desire Liberty of access for the House of Commons to the Queen's Majesties presence, upon all Urgent and Necessary Occasions. Secondly, that if in any thing himself should mistake, or misreport, or over-slip that which should be committed unto him to declare, that it might, without prejudice to the House, be better declared, and that his unwilling Miscarriage therein might be pardoned.
Thirdly, that they might have Liberty and freedom of Speech in whatsoever they Treated of, or had occasion to propound and debate in the House. The fourth, and last, that all the Members of the House, with their Servants and necessary Attendants, might be exempted from all manner of Arrests and Suits, during the continuance of the Parliament, and the usual space, both before the beginning, and after the ending thereof, as in former times hath always been accustomed.
To which Speech of the said Speaker, the Lord Keeper, without any long pausing, repli'd again in manner and form following.
Mr. Speaker, the Queen's Majesty hath heard, and doth very well understand your wife and discreet Oration, full of good meaning, good Will and good Matter: the Effect whereof (as I take it) may be divided into three parts; of those the first containeth the commendation of the Queen's Highness, The Second, certain good wishes and desires of yours, very honorable, profitable and Commodious for the Realm to be followed, and put into Execution. The third, divers Petitions concerning the Exercises of your Office, and the Liberties and Priviledges of the Commons House. For the first, the Queen's Majesty giveth you most hearty thanks, as for a good Exhortation made to her Highness, to become such a one as you have commended her for; but not acknowledging those vertues to be in her Highness, Marry, confessing that such as she hath be God's graces. And therewithal, her Highness wisheth, (as she trusteth you all do,) that for England's sake, there were as many vertues in her, as would serve for the good Government of this her Realm, committed to her Royal Charge, and desireth you all, with her, to give God dayly thanks for those which she hath, and to make humble Petition to grant such increase of the rest, as to his divine Providence shall be thought for his honour most Meet.
For the Second, her Maiesty trusteth, and verily believeth, that those good wishes and desires of yours are so deeply graven, and perfectly imprinted in the hearts of the hearers, that the good success and sequel, that should come thereof, will evidently declare, that you have not in vain spoken them, nor they negligently heard them. For the third and last, you have divided into four Petitions; The first, for your access to the Queen's Highness and her Nobles, for your reports and conference. The Second, that you be born with in any thing, if you should in any of your reports be mistaken, or overslipped, and that without prejudice to the House it be better declared. The Third, Liberty of Speech, for well debating of Matters propounded. The Fourth and last, that all the Members of the House and their Servants may have the same freedom from all manner of Suits, as before time they used to have.
To these Petitions, the Queen's Majesty hath commanded me to say unto you, that her Highness is right well contented to grant them unto you, as largely, as amply and as liberally, as ever they were granted by any her Noble Progenitors; and to confirm the same with as great an Authority. Marry, with these Conditions and cautions; first, that your access be void of importunity, and for matters Needful, and in time Convenient. For the Second, that your Diligence and Carefulness be such, (Mr. Speaker,) that the defaults in that part be as rare as may be; whereof her Majesty doubteth little. For the Third, which is for Liberty of Speech, therewith her Highness is right well contented; but so, as they be neither unmindful, or uncareful of their Duties, Reverence and Obedience to their Sovereign. For the last, great heed would be taken, that no evil disposed person seek of purpose that priviledge, for the only defrauding of his Creditors, and for the maintenance of injuries and wrongs. These Admonitions being well remembered, her Majesty thinketh all the said Liberties and Priviledges well granted. To come to an end, only this I have to put you in mind of, that in the sorting of your things, you observe such Order, that matters of the greatest Moment, and most Material to the State, be chiefly, and first set forth; so as they be not hindred by particular and private Bills to this purpose. That when those great Matters be past, this Assembly may sooner taken end, and men be licensed to take their ease; I have said.
The Speaker being thus allowed, he returned to the House of Commons, with the Serjeant of the House bearing the Mace before him; and the Queen's Majesty, and the Lords rose, and departed.
On Monday the 30th. day of January, were diverse Lords, Spiritual and Temporal present, as is plainly set down in the entrance of the names in the Original Journal Book of the Upper House.
Francis Spilman Esq; Clerk of the Upper House, standing at the Table near the lower Woolsack, did there read a certain Bill, written in Paper, and Intituled, An Act for the restitution of the first Fruits, and Tenths, and Rents reserved, Nomine Decimæ, and of Parsonages Impropriate to the Imperial Crown of this Realm; and after he had so read it, (which was accounted the first reading thereof,) then he delivered the same kneeling, unto Sir Nicholas Bacon, Knight, Lord Keeper of the Great Seal, together with a Brief of the Bill.
The Lord Keeper read the Title of the Bill; and then reported the effect of the same unto the House out of the Brief, And then concluded with these words, viz. This is the first time of the reading of this Bill.
And there is no mention made in the Original Journal Book of the Upper House, that this Bill was at all spoken unto upon this reading, neither is it indeed usual, although there have not wanted Presidents thereof, prout A. 1. H. 8. 11. Die Parliamenti Billa de actionibus, brought from the Commons Lecta prima vice, & Domini disputando censuerunt reformandum quod Regia Majestas haberet. 3. vel 4 Annos, pars vero contra partem nisi unum Annum. And a Bill hath been rejected upon the first reading, prout Anno 3. Edw. 6. 14. Nova Billa pro jurisdictione Episcoporum Rejected, and a Committee appointed, to draw a new Bill; of which also there want not divers other Presidents in most of the other Journals during her Majesties Reign: but most true it is, that usually a Bill is feldom rejected till the second reading, for then it is most proper to be spoken unto; and when it hath received either a longer or shorter disputation in the House, then the proceedings eommonly are either to order it to be engrossed, or refer it to Committees, or to reject it; which course holdeth only in Bills that come newly into either House. For if a Bill, having passed one of the two Houses, be font unto the other, it is never ordered to be ingrossed, because it comes from thence ready ingrossed in Parchment, and seldom referred to Committees, or rejected; there want not also divers Presidents, when a Bill hath been disputed after the third reading, and sometimes recommitted, and sometimes rejected. Of all which, the Examples and Presidents are so frequent in all the insuing Journals of this Queen, as also in those foregoing of H. 8. Ed. 6. and Queen Mary, as there is not need to make any large Citation of them: Neither do there want, in their several places, fit and due references, whereby to refer the several Presidents of this nature, contained in one and the same Journal, from one to another. Which things being thus premised and observed, now follow some Animadversions or Presidents, touching the Commission of Bills, and further proceedings in them upon the first reading.
Bills also have been Committed upon the first reading, prout An. 6. H. 8. 14. Feb. recepta est Billa in papyro concernens apparatum, & lecta est prima vice & deliberata Magistro Pigot reformanda.
Anno Primo Ed. 6. 21. Novembris allata est à Communi domo Billa for benefices, Common Preachers and residence, quæ prima vice lecta est, & commissa Archiepis. Cantuarien', Episcopo Elien, Episcopo Dunolmen', Episcopo Rossen', Episcopo Lincoln', Marchioni Northampton, Domino St. John, Comiti Arundel, Domino Admirallo & Domino Wentworth, and in A. 5. Edw. 6. 16. Feb. Hodie prima vice lecta est Billa to avoid regrating, forestalling, &c. & commissa est Magistro Hales, Magistro Molineux, Magistro Saunders, & Solicitatori Reginæ. And there are very many Presidents that Bills have been committed upon the first reading, in the times of Hen. 8. and Ed. 6. as may appear by the Committees of those times.
The like Presidents are to be found in most of the Journals of her Majesty, prout A. 8. Eliz. Oct. 3. The Bill for the better Executing of Statutes, &c. eodem An. 5. Octob. touching Fines and Recoveries, An. 13. Eliz. 20. Aprilis, against fraudulent Conveyances, &c. An. 14. Eliz. 12. Maij, for preservation of Woods, eodem An. & die, for the punishment of Vagabonds; and so in many other Parliaments of this Queen's time, of which (because they are so frequently obvious) it would be unnecessary to make further repetition.
And although there be no mention made in the Original Journal Book of the Upper House, that the Lords and Members of the same were this day called, yet there is no great doubt to be made thereof; and therefore I have caused it to be inserted, and applied unto this time, in manner and form following.
Francis Spilman the Clerk, did on this third day of the Parliament call every Lord in the House by his Name, that so it might be seen, who were present; beginning with the lowest Baron, and ascending to the highest Peer, where also the Proxies and other Excuses of the absent Lords, were Registred.
But it may be Collected by the Parliament Rolls Annis 37. 38. 40. 43. 45. 47. & 50. Ed. 3. that the Lords names were called the first day, and the Commons also in the Upper House before the King's coming, which Order, in respect of the time, is held still with the Commons, whose Names are usually called at this day in the Court of Requests, the first day of the Parliament.
Dominus Custos Magni Sigilli continuavit presens Parliamentumusq; in diem Crastinum, hora a Octava.
On Tuesday, the 31th. day of Jan. the former Bill for the restitution and annexation of the first Fruits and Tenths, to the Imperial Crown of the Queen's Majesty, was read the Second time.
Francis Spilman Esq; Clerk of the House, (having read the said Bill for the Restitution and Annexation of the First-fruits, &c.) standing at the Table, near the nether Woolsack, did then deliver the same without any Brief, Kneeling to the Lord Keeper, who thereupon read the Title thereof to the House, and said, This is the second Reading; and so the Bill was Ordered to be Ingrossed, which is no more, than to Transcribe the Bill fairly out of the Paper, in which it was written, into Parchment. More shall be said, touching the referring of a Bill to Committees, on Fryday the third day of March ensuing; where is the first mention of Committing any Bill during this Parliament.
After the second Reading of the aforesaid Bill, there appeareth no other matter in the Original Journal Book of the Upper House, save only the entrance of the continuance of the Parliament by the Lord Keeper.