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.
The Journal of the Passages of the House of Lords, in the Parliament bolden at Westminster, An. 14 Reginæ Eliz. A. D. 1572, which began there on Thursday the 8th Day of May, and then and there continued until the Adjournment thereof on Monday the 30th and last Day of June next ensuing.
This Session of Parliament held in An. 14 Reginæ Eliz. although it lasted no long time, yet it containeth in it a great deal of extraordinary matter touching the Proceeding of the House in the business of the Scottish Queen; and towards the Conclusion thereof touching the Priviledge of the Members of the same: and that which doth yet somewhat the more enlarge and beautifie it, is the Addition of Sir Nicholas Bacon s Speech, being the Lord Keeper of the Great Seal, on the first day of this Session. But howsoever this said Session were in it self short in Continuance, yet considering the two other following Sessions, which with it made but one and the same Parliament, and that the longest of any in this Queens time, it will not prove unworthy (although the aforesaid extraordinary passages wanted) of a careful and methodical setting down. For the second Session being held in An. 18 Regin. Eliz. and the third and last Session in An. 23 Regin. ejusdem, it was continued by many Adjournments and Prorogations (although the House sate but a part of the time) until the final Dissolution thereof upon the 19th day of April in An. 25 Reginæ prædictæ, after it had lasted about the space of eleven years.
Nota, That the Writ of Summons is set down in the Original Journal-Book of the Upper House to have born date the 5th day of May in this fourteenth year, and the Parliament to have begun on the 8th day of May in the same year of the Queen, but three days after the Writ of Summons it self, which is impossible; and it is plain, that the day of the beginning of the Parliament cannot be mistaken, because according to that all the other days through the whole Journal-Book do follow in due form and order: and therefore it is very probable, that the date of the Writ is set down contrary to the Originals themselves, which were dated the 5th day of March, and that the Clerk might mistake. This is likewise very conjecturable in respect that the name of the Month being set down and perhaps abbreviated, it was easily written May for March, and so this incongruity is only the slip and error of the Clerk.
The Queens Majesty was doubtless present her self this day in the Upper House, and was attended by Sir Nicholas Bacon Lord Keeper of the Great Seal, and divers Lords Spiritual and Temporal; but in the Journal-Book of the Upper House there is no mention made who were present this day, only it may be guessed by the names of such as the said Original Journal-Book setteth down to have been present on Monday the 12th day of this instant May following, which is the first day on which the presence of any Lords is marked, according to the usual form by the Clerk of the Parliament.
Neither can it possibly be collected or gathered by the Original Journal-Book of the Upper House, or House of Commons, whether her Majesty was present or no. For as concerning the Journal of the House of Commons it appeareth only, that divers of the Knights, Citizens and Burgesses of the said House of Commons did this day take the Oath in that Case accustomed. And therefore the chief ground I had to conclude that her Majesty was this day personally in the Upper House, was a Copy I had by me of the Lord Keepers Speech made there this day in the publick Assembly of both Houses, in the end of which he gives direction to the House of Commons to Elect their Speaker; which shews also that the said Speech in divers Copies thereof is falsly attributed to the eighteenth Year of her Majesty, which was but the second Session of this Parliament, and no Speaker Elected in it; and therefore this Error seemeth only to have grown through the fault of Transcribers and the ignorance of such as suffered so groundless an Error to stand.
THE Queens Majesty, our most Dread and Gracious Soveraign Lady, hath given me Commandment to declare unto you the Causes of the Summons of this Assembly for a Parliament to be holden here at this time; wherein albeit I mean to imploy my whole endeavour to the uttermost of my power and understanding, yet I must needs confess, that neither shall you have it done as the Majesty of this presence, neither as the gravity of the Cause requireth it to be done. And yet the often Experience that I have divers and sundry times had of the Queens Majesties great benignity and gentleness in bearing with and well accepting the doings of those that to her Service put their good wills and diligences; And besides all, the proof of your Patience in the like matter hath so much encouraged me, that (as I trust) it shall be done although not cunnuingly nor eloquently, yet plainly and truly, so as it may be well understood and easily born away, and therewith also as briefly as the greatness of such a matter will suffer. True it is, the original and principal cause is, that things there propounded may be orderly and diligently debated, deeply considered, and thereupon wisely concluded. And to the end also that those Conclusions so made, the rather for such an universal Consent as in Parliament is used, remain firm and stable.
Now the matters that are in this Parliament to be proved, do consist altogether in two parts. The former is in matters of Religion, for the better maintenance of Gods Honour and Glory. The second in matters of Policy, for the more perfect upholding and establishing of the Queens Majesties Royal Estate, and the preservation of the Common-Weal committed to her Charge. The Causes of Religion are again to be divided into two, that is into matters of Doctrine and Discipline. The thing of Policy I mean also to part into other two, that is, into matter concerning the good Government of the Subjects at home, and into causes of defence against the Enemy abroad.
First, To consider in this your Assembly of Gods cause, which faithfully, sincerely and diligently done, like as it cannot but bring success to all the rest, so likewise lukewarm, deceitful and double-dealing therein cannot but breed, nourish and bring forth Factions, Divisions, Seditions, &c. to the great peril and danger of all the rest. And the greater that the personages be in Authority and Dignity that thus deal, the greater of necessity must be the danger of the CommonWeal. And because Gods Law and Doctrine being the first Law and branch must light upon our selves that ought to take the benefit of it, as first and chiefly upon Ministers of this Doctrine, either for not preaching and teaching by word and example of life so purely and reverently as they might, or else not so diligently as they were bound.
Thirdly, For that many of us of the Laity do not yield and give that estimation, countenance and credit to the Ministers of his Doctrine which of right they ought to have, and that many greatly hurt the setting forth of it: For this one thing may be holden firm by the Rules of good Government, that all Officers both Spiritual and Temporal that have Governance, during the time of their Offices, ought to be preserved in Credit and Estimation. For how can any thing be well set forth by them that want Credit? Marry for my part let the time of their Offices last as their doings do deserve.
Fourthly, Because the want of the number of Ministers that ought to be and be not, and for the insufficiency of those that be for diverse respects. But therein the Queens Highness doubteth nothing, but all that which the difficulty of time in so great a scarcity of men meet to be Ministers will suffer to be done, shall by my Lords the Bishops be done in this behalf, and that as speedily, diligently and carefully as can be. And if any person admitted or to be admitted to this Ministry shall hereafter either of Arrogancy or Ignorance, show any strange Doctrine contrary, or varying from that which by common consent of the Realm is published, to the breach of Unity, that he by those to whom it appertaineth, sharply and speedily be reformed, all favour and fear set apart.
Thus much for Doctrine. You are most earnestly also to think and consider of the Discipline of the Church as one of the strong Pillars of Religion, which doubtless at this time hath two great lacks. The first the imperfection of Laws for the countenance of it, which hath grown either by reason that sundry of the Ordinances made for that purpose, be dissused or otherwise have not their force; or else for that most of the Laws that remain be such as for their softness few men make account of.
The second imperfection is the slothfulness, corruption and fearfulness of the Ecclesiastical Ministers and Officers in the due Execution of those Laws that be good and yet continue. True and too true it is, that hereby at this present two great Enormities daily grow: The former that men of wealth and power given to be evil may in their Countries live what dissolute and licentious life they list, and both Temporally and Spiritually offend daily in all the branches of Simony, the very Canker of the Church without feeling of this Discipline.
The second, That many of the laudable Rites and Ceremonies of the Church, or pertaining to the Ministers of the same agreed upon by common consent, the very Ornaments of our Religion are very ill kept, or at least have lost a great part of their Estimation. And here (through the many faults for want of Discipline) to remember you of one particular matter of great moment. How cometh it to pass that the common people in the Country universally come so seldom to Common-Prayer and Divine Service, and when they do come, be many times so vainly occupied there, or at least do not there as they should do, but for want of this Discipline?
And yet to the help of this there was at the last Parliament a Law made, but hitherto no man, no, no man or very few hath seen it Executed; as plainly to speak, Laws for the furtherance of this Discipline unexecuted be Rods for Correction without Hands. It cannot be denied but as Superstition is every way to be abhorred for fear of Idolatry; so certainly the loss of this Discipline is always to be avoided, lest else contempt (that necessarily must follow) may cause Irreligion to creep faster in than a man would think. For of all other it is the most pestilent and pernicious thing, never suffered nor allowed in any Common-Weal, nay not amongst the Heathens that were most barbarous. But here it may be said the mischief appeareth, where is the remedy? and that it were better not opened in such a presence, than opened without the remedy both devised and declared.
In mine opinion the remedies may easily be devised: all the difficulty is in the well Executing of them. As first, if the chief Parsonages of this Realm, both in Town and Country, would give good Example, it cannot be but it would be much to the remedying of a great part of this mischief.
Secondly, The dividing every one of the Dioceses according to their greatness into Deaneries, as I know commonly they be; and the committing of the Deaneries to men well chosen, as I think commonly they be not: and then the keeping of certain ordinary Courts at their prescript times for the well Executing of those Laws of Discipline, as they ought to be, with a sure controulment of those inferior Ministers by the Bishop or his Chancellor, not biennially or triennially, but every year twice or thrice: which use of necessity without very great difficulty may do much in very short time to the reformation of this, the chief Officers Ecclesiastical all being very well, and the Laws themselves being first made sufficient and perfect, which in this Parliament may very well be brought to pass.
And because the proceedings of matters in Discipline and Doctrine do chiefly concern my Lords the Bishops, both for their understanding and Ecclesiastical Function, therefore the Queens Highness looketh that they being called together here in Parliament, should take the chiefest care to confer and consult of these matters. And if in their Conference they found it behooful to have any Temporal Acts made for the amending and reforming of any of these lacks, that then they will exhibit it here in Parliament to be considered upon, and so Gladius Gladium, juvabit, as before time hath been used; foreseeing always that all Laws and Ordinances for this matter of Doctrine and Discipline be uniform, and so one sort throughout the whole Realm. And thus much concerning Religion, being the first part.
Now to the second, that is, matters of Policy. And herein first for the good Government of the Subjects at home, the lacks and defaults whereof as in Discipline so in this stand altogether in the imperfection of Laws, or else the fearfulness, slothfulness and corruption of Temporal Officers, that ought to see the due Execution of them. For the help of the former, you are to Examine whether any Laws already made are too sharp or too sore, and so over-burthensom for the Subject, or whether any of them are too loose or too soft, and so over-dangerous to the State; for like as the former may put in danger many an Innocent particularly, so the second may put in danger both the nocent and innocent, and the whole State universally. You are also further to Examine the want and superfluity of Laws, and whether crafty Covetousness and Malice have devised any means to defraud Laws already made, or how to do any injuries for which there is no Law that hath his being to reform it: or whether the Common-Weal and State of this Realm, by reason of any imperfection or cause, is like to fall to any danger or peril; for the greater the danger is, the greater would the care and consideration be for the remedy of it. You are also to Examine whether there are too many Laws for any one thing, which breedeth so many doubts, that the Subject is sometimes to seek how to observe them, and the Chancellor how to give advice concerning them.
As to the second imperfection, which is the want of the due Execution of Laws; because I cannot perceive but all the rest and all Laws made and to be made is but a vain matter, therefore I have thought oft with my self what might be the best remedy, if not to make all Laws perfectly Executed (for that I can hardly hope of) yet to make them in much better Case than now they be. And when I had considered all things, I could find no help but this: The first by having great care in the choice of those Officers that have the Execution of Laws. The second, to do as much as may be for the banishing of sloth, corruption and fears from them. A third way there is which I leave to your judgments, this it is: there should be a triennial or biennial Visitation in this nature, made of all the Temporal Officers and Ministers that by virtue of their Office have in charge to see the Execution of Laws. By this I mean that the Queens Majesty should make choice every second or third year of certain expert and approved persons, to whom Commission should be granted to try out and examine by all ways and means the offences of all such as have not seen to the due Execution of the Laws according to the offices and charges committed to them by the Prince. And the offences so found and certified to be sharply punished without remission or redemption. Of effect much like this, and to the like end was the Visitation of the Church first devised; whereof, in the beginning of it, came great good doubtless; and reason I see none but the like good ought to follow upon like Visitation made amongst Temporal Officers. And the old Commission of Oyer tended somewhat to this end. I doubt certainly if the Laws and Statutes of this Realm should not indifferently, uprightly and diligently be put in Execution (as my trust is they shall) especially in the great and open Courts of this Realm, then my burthen, I confess, is equal with the greatest, and yet for my part, I would gladly every year hear of, and yield to such a Comptroller.
Now to the last and greatest, which is the defence against the Foreign Enemy abroad and his Confederates brought up and bread amongst us our selves, because these matters be by reason now chiefly in hand, and that the dealings of the outward Enemy be matters that go to the whole, and that this presence you know representeth the whole; Therefore in all congruity it seemeth reason that all we for and in the name of the whole consider carefully of this cause, and give present assistance for the help of it. And to the end you may be more able to give good Counsel and advice therein, it hath been thought meet I should summarily and shortly make you privy of these proceedings, which shall be the better understood if I begin at the root as I intend:
This it is: The Queens Majesty at her coming to the Crown finding this her Realm in a ragged and torn State, and yet in Wars with a mighty Enemy, the Chief Fortress of the same lost, to the Realms great dishonour and weakning; her Frontier Towns not sufficiently fortified, the Revenue of the Crown greatly spoiled, the Treasure of the Realm not only wasted, but the Realm also greatly indebted; The Land of Ireland much out of order; The Staple and Store of all kind of Munition for the Realms defence marvellously consumed; The Navy and Sea matters nothing in the State they now be, was forced to give Ear to a Peace with some other Conditions than else it is like her Highness would have come to, to the end that these dangerous defaults might be in the time of Peace sufficiently for the security of the Realm provided for. Whereupon indeed her Highness (Peace being concluded) entred into the reforming and supplying of most of all those great lacks, and for the well-doing of them hath not forborn to take any care or pains, neither hath she stricked for the compassing of this both to spend her own Treasure, to sell her own Lands, to prove her own Credit at home and abroad to the uttermost, and all this for our Sureties and quiet. (Here want the Causes why the Queens Highness sent her Forces to lie in assisting the Admiral and others against the Guises, and a Declaration of the great charges that grew thereby.)
Thus have you heard the sum of those Proceedings; whereby it is plain and evident, that as our most Dear and Gracious Soveraign Lady, hath for the preservation of common quiet, and for our own Surety against the common Enemy, forborn no care or travel in the devising, no more hath she charge or expence in the performing. I may safely affirm it, because I am well able to prove it, that the Charges of the managing of these Affairs, and that that hath been done since the Queens Majesty came to the Crown in supplying the dangers aforementioned, amount to as much as two of the greatest Subsidies that I can remember; a matter not possibly to be born for that which is past, nor to be continued for that which is to come by the ordinary Revenue of the Crown, and yet of necessity to be done, except all (which God forbid) should run to ruine: If when any part of the natural body happeneth to be in danger, the head and every part hasteth to the relief; what would then be done trow ye, when peril is offered, that the Head should take the whole care and bear the whole burthen, and all the Members remain uncareful and uncharged therewith? How light a burthen it is when it is born of many, is understood of us all. But hereof I make a stay, because there is no doubt your good wills and towardness upon these Considerations be such, as this last Speech of mine needeth not, and so doubtless the Queens Highness taketh it. And yet your Wisdoms well know, that the Office of this place which I occupy, craveth thus much to be said at my hands, and for that purpose chiefly could I trust you take it, and not for any necessity to draw them by perswasion that otherwise of their own disposition be forward enough. The Declarations of the Proceedings being uttered, I do assure my self to suffice to men of your understanding and inclination. For how can a man think that any is so void of reason, that he would not gladly offer any aid against a Foreign Enemy, that he were able to make for the safety of his own Country, his Soveraign, himself, his Wife and Children; especially when by reason it is plain, that the Queens Majesty hath already, and daily doth imploy her own Treasure, yea, and her Lands and Credit, not in any Glorious Triumphs, supersluous and sumptuous Buildings of delight, vain and chargable Embassages, neither in any other matters of will and pleasure; I mean, no Expence to be noted in a Prince of thirteen Years Reign, but as far as man can judge in the Service of her Realm and necessary defence for her people, and for the annoyance of the Enemy. Yet hath it been seen ere this, that Princes Wills, Pleasures and Delights, have been followed in Expences as necessities. And now God be thanked the doings have been such since the Queens Highness Reign, that to the indifferent man it will be probable and plain, that the relieving of the Realms necessity is become the Princes Delight; a good Change, God continue it, a marvellous good Example for us to follow, and yet it is scant credible how long it was, and in the end with what difficulty the Queens Majesty came to agree that this Example should be followed by us, in being content that this Parliament should be Summoned, that it might be moved that the Realm might contribute to the Realms defence, with such difficulty indeed, that if any other way could have been devised (her Honour and Realms Surety saved) this had never been attempted: So loth she is to any offenfive matter by burthen or charge, that if any other way could have been devised, this had not been: and so from her own Mouth she Commanded me to say unto you.
Oh what a grief it is to a Prince (trow you) when he findeth such want that he is not able so to consider of the Service of his Servants and Subjects; this dangerous and necessary Service, as their deserts do crave! knowing that most commonly the very life and heart of the Servant, and Souldier which so often offereth himself to the Cannon, the Pike, the Fire, is either over-thrown or set up as regard is had of his perils. Except there be some odd men (as they call them) of that perfection, that virtue and well-doing is their mark, and not reward, who hold for firm, that Recti facti merces est fecisse tantum, but Rara avis in terris, &c. Yea, those are so rare as counsel cannot be given that Princes Service should hang on the help of such hope, and yet these be the perfectest and best, but the World is not served by such. To give good words is a good thing, but often used, albeit never so cunningly, without Deeds or Service, is reputed but as Wind, and is indeed dare verba. Marry, power serving not, then it deserveth great Commendations; for it is as much as can be done: for ultra posse non est esse. But hereof thinketh little the greatest number. But to a Prince who thinketh thus much, and daily thinketh and feeleth of it, what a tormenting trouble is such a want think ye? These wants when they happen, would be, ought to be most holpen. But there I have troubled you further than I meant, or perchance needed. If I have so done, I pray you apply it to the best as I meant it, and so there must needs come good of it.
And thus no further to trouble you but to make as end. You have heard First, the causes of this Assembly. Secondly, What I think meet to be remembered. Thirdly, What for the Governance of the Subject at home, and what hath been done for the defence of the Enemy abroad; your Offices and Duties, to be careful to consider of these matters, which I have the rather summarily remembred than effectually discoursed upon. The former pertaineth to my Office as a Remembrancer. The second to you as Executors of these remembrances. And because you of the Nether House cannot without a Head thus do, therefore it resteth, that you according to your antient Order, of your selves chuse some wise and discreet man, who after he hath been by you chosen and presented, and that presentation by the Queens Majesty allowed, shall then be your Speaker, and Day is given, &c.
This Speech being thus transcribed out of the Copy I had of it, as is aforesaid; now follow the names of the Receivors and Tryors of Petitions out of the Original Journal-Book of the Upper House, which the Clerk of the same readeth in French as soon as the Lord Keepers Speech is ended, and which were as followeth.
Sir Robert Catlin Knight, Chief Justice of the Kings-Bench, Sir William Cordell Knight, Master of the Rolls, Sir John Widdon Knight, one of the Justices of the ------ Sir Richard Read Kt one of the Justices of the ------ and Dr Huick; and they that will deliver Petitions, are to deliver the same within six dayes next ensuing.
Sir James Dyer Knight, Chief Justice of the Common-Pleas, Sir Edward Sanders Knight, Lord Chief Baron, Richard Weston, one of the Justices of the ------ John Southcott, one of the Justices of the ------ Doctors Lewis, Doctor Yale and Doctor Vaughan: and they that will deliver Petitions, are to deliver the same within six days next ensuing.
The Archibishop of Canterbury, the Earl of Oxford, the Earl of Sussex, the Earl of Huntington, the Earl of Bedford, the Bishop of London, the Bishop of Winchester, the Bishop of Ely, the Lord Howard of Essingham, Lord Chamberlain of the Queens House, the Lord Windsor, and the Lord North. All these or four of them, calling unto them the Lord Keeper of the Great Seal, and the Treasurer, and the Queens Serjeants when need shall require, shall hold their place in the Chamberlains Chamber.
The Archibishop of York, the Earl of Lincoln, Lord Admiral of England, the Earl of Leicester, the Earl of Essex, the Bishop of Worcester, the Bishop of Lincoln, the Bishop of Rochester, the Lord Burleigh Principal Secretary, the Lord Wentworth, the Lord Buckhurst. All they or four of them calling to them the Queens Serjeants, Attorney and Sollicitor when need shall require, shall hold their place in the Treasurer's Chamber.
Hodiè retornatum est breve Dom. Reginæ quo Henricus Compton de Compton Chevalier præsenti Parliamento interesse summonitus est, qui præsens admissus est ad suum præheminentiæ sedendi in Parliamento locum, salvo cuiq; jure suo.
And two other Writs were returned in like manner, by which Henry Cheyney of Toddington, and Henry Lord Norris of Ricott, were Summoned to be present this Parliament, who were accordingly admitted to their due places, saving to all others their right.
Nota, That there is no entrance in the Original Journal-Book of the Upper House, of any Continuance or Adjournment of the Parliament by the Lord Keeper, which doubtless happened through the great negligence of Anthony Mason Esq; at this time Clerk of the said House.
There were also divers Proxies returned on this present Thursday, being the 8th day of May, but whether before or after the Continuance of the Parliament appeareth not; in which two Spiritual Lords Constituted each of them two Proctors a piece, according to the usual and frequent manner, and are therefore omitted; but four other Bishops nominating either three Proctors apiece or but one, which is somewhat extraordinary, therefore they are here inserted.
Eodem die introductæ sunt literæ Procuratoriæ Johannis Herefordensis Episcopi, in quibus Procuratores suos constituit Matthæum Cantuariensem Archiepiscopum & Edwin. London. & Nicholaum Wigorn. Episcopos.
Now although it be most usual for the Spiritual Lords to name two Proctors, yet here four of six varied from it, three of them exceeding that number, and the other nominating but one. It is likewise as usual for the Temporal Lords to Constitute but one Proctor, and it is an Action worthy observation where they nominate more; for in this very Parliament of fifteen Temporal Lords that sent Proxies, but one nominated two Proctors: which see afterwards on Monday the 12th day of this instant May following, and all the rest Constituted but one Proctor apiece, which being trivial and ordinary are omitted.
Nota, Also that the Earl of Leicester had this Parliament eight Proxies sent unto him, viz. from George Earl of Shrewsbury, Edward Earl of Darby, Henry Lord Scroop, Edward Lord Dudley, Anthony Viscount Mountacute, Gregory Lord Dacres, William Lord Sands, and Edward Earl of Lincoln; all which seem to have been returned on Monday the 12th day of this instant May, in such order as they are here set down.
Nota, That the Lord Burleigh also Principal Secretary to her Majesty, had six Proxies sent unto him this Parliament, viz. from John Marquess of Winchester, Henry Lord Hunsdon, Thomas Lord Buckhurst, John Lord Latimer, Edward Earl of Lincoln (who made also the Earl of Leicester his joint Proctor with him) and Robert Lord Rich. These also are set down in the Journal-Book to have been returned the 12th day of May in such order as they are here set down; but now by a late Order made in the Upper House an. 2do Caroli Regis, no Lord is capable of above two Proxies.
Nota, That in the Original Journal-Book of the Upper House it doth not appear at all whether her Majesty or any of the Lords were present on Saturday following being the tenth day of this instant May, (it appearing plainly, that neither House sate on Friday the 9th day of the same) nor what was done thereupon, and therefore the Passages of the same are supplied out of the Original Journal-Book of the House of Commons.
On Saturday the 10th day of May (in the Afternoon) her Majesty being come to the Upper House, with divers of the Lords Spiritual and Temporal, being there also set, and the Knights, Citizens, Burgesses and Barons of the House of Commons having notice repaired thither with Robert Bell of the Middle-Temple London Esq; their Speaker Elect, who was led up unto the Rail or Bar, at the lower end of the said Upper House, by two of the most Eminent Personages of the Commons, and presented to her Majesty, whom she allowed and Confirmed in the said place of Prolocutor or Speaker, notwithstanding his Excuse made, and disabling himself according to the usual form.
After which the said Speaker being now fully and absolutely invested in his said place, did after his humble thanks rendred to her Majesty, in the Conclusion of his Speech make certain Petitions of course in the behalf of himself and the House of Commons, viz. for the free access to her Majesty, freedom of Speech, and freedom from Arrests and Suits during the Continuance of the Parliament, and for Pardon for himself if he should in any thing unwittingly mistake or offend. All which being graciously allowed by her Majesty, she arose and departed.
Nota, That there is no entrance in the Original Journal-Book of the Upper House of the Continuance or Adjournment of the Parliament, which doubtless happened through the great negligence of Anthony Mason Esq;, now Clerk of the same. For it is plain, the Lords did sit again on Monday following in the Forenoon, to some hour of which it is most likely it was continued, and the passages whereof, as also of all the other days on which the said House sate, do now in order follow out of the aforesaid Original Journal-Book of the same.
On Monday the 12th of May, to which day the Parliament had been last continued (as is most likely) the presence of the Lords is first noted in the Original Journal-Book of the Upper House, which were as followeth (their Names only being altered into English.)
The Earl of Oxford Great Chamberlain of
The Earl of Kent.
The Earl of Worcester.
The Earl of Rutland.
The Earl of Sussex.
The Earl of Warwick.
The Earl of Pembroke.
The Earl of Hartford.
The Earl of Leicester.
The Earl of Essex.
The Bishop of London.
The Bishop of Winchester.
The Bishop of Ely.
The Bishop of Worcester.
The Bishop of St Davids.
The Bishop of Salisbury.
The Bishop of Bath and Wells.
The Bishop of Coventry and Litchfield.
The Bishop of Peterborough.
The Bishop of Norwich.
The Bishop of Chester.
The Bishop of Bangor.
The Bishop of Lincoln.
The Bishop of Exeter.
The Bishop of Rochester.
The Lord Howard of Effingham, Chamberlain to the Queen.
The Lord Burleigh, Secretary to the Queen.
The Lord Abergaveny.
The Lord Strange.
The Lord Dacres.
The Lord Stafford.
The Lord Grey of Wilton.
The Lord Mountjoy.
The Lord Darcy.
The Lord Mounteagle.
The Lord Sands.
The Lord Windsor.
The Lord Wentworth.
The Lord Burrough.
The Lord St John of Basing.
The Lord Cromwell.
The Lord Evers.
The Lord Wharton.
The Lord Willoughby of Parham.
The Lord Pagett.
The Lord Darcy of Chich.
The Lord North.
The Lord Chandois.
The Lord St John of Bletsoe.
The Lord Buckhurst.
The Lord De la Ware.
The Lord Compton.
The Lord Cheyney.
The Lord Norris.
This day also by Order and Consent of the whole House, were appointed to confer with such number of the House of Commons as should please the said House to appoint, for the more speedy and better direction of them in the great matter touching the Queen of Scots, these Lords undernamed, viz.
The Archbishop of Canterbury.
The Archbishop of York.
The Earl of Oxford.
The Earl of Kent.
The Earl of Worcester.
The Earl of Sussex.
The Earl of Warwick.
The Earl of Bedford.
The Earl of Leicester.
The Earl of Essex.
The Bishop of London.
The Bishop of Winchester.
The Bishop of Ely.
The Bishop of Lincoln.
The Bishop of Rochester.
The Lord Chamberlain.
The Lord Burleigh.
The Lord Grey.
The Lord Windsor.
The Lord Wentworth.
The Lord North, and the Lord Chandois. Who were appointed to meet in the Star-Chamber, at eight of the Clock in the Morning the next day. Vide on Wednesday May the 28th ensuing.
The Bill for preservation of Wood and Timber was read prima vice & Commissa Archiepiscopo Cantuar., Comiti Lincoln., Comiti Sussex, Comiti Leicester, Episcopo Elien., Episcopo Wigorn., Episcopo Meneven., Domino Howard, Domino Camerario, Domino Burleigh, Domino Windsor, Domino Wentworth, Domino Pagett, Domino Chandois, Domino Buckhurst, & Justiciario Southcott & Justic. Weston.
The Bill for punishment of Vagabonds, and for relief of the poor was read prima vice & Commissa Archiepiscopo Cantuar., Comiti Huntington, Comiti Rutland, Comiti Pembroke, Comiti Hertford. Episcopo London. Episcopo Wigorn., Episcopo Meneven, Episcopo Bangor., Domino Grey, Domino St John, Domino Evers, & Domino St John de Bletsoe, & Justiciario Harper, & Christophero Wray Servienti ad Legem.
Nota, That here a Bill is not only committed upon the first reading, but a Judge who is but a meer Assistant unto the Upper House, and a Serjeant who is but a meer Attendant thereon, are made joint Committees with the Lords as in the Bill foregoing.
But there is no mention made in the Original Journal-Book whether they were returned before or after the Continuance of the Parliament, according to the usual form as aforesaid, which was in the Afternoon of this present Monday, where each Temporal Lord nominateth one Proctor, and therefore were admitted; but the Earl of Lincoln nominating two Proctors, which is somewhat extraordinary, is transcribed out of the Original Journal-Book as followeth.
Nota, Because the daily continuing of the Parliament in these words, Dominus Custos magni Sigilli, &c. is but matter of course, it is afterwards through the whole Journal-Book omitted, unless something extraordinary fall out either in respect of the person, time, or manner of continuing of it.
On Wednesday the 14th day of May, to which day the Parliament had been last continued on the day next foregoing, divers Lords Spiritual and Temporal Assembled, but nothing was done save only the Continuance of the Parliament by the Lord Keeper to the day next following, at eight of the Clock.
On Thursday the 15th day of May, to which day the Parliament had been yesterday continued, the Bill for the punishment of Vagabonds and relief of the Poor was read secunda vice: but there is no mention made that it was either Ordered to be ingrossed or referred to Committees, of which doubtless there can be no other reason, (seeing it was not sent up from the House of Commons) than the negligence of the Clerk of the Upper House, in respect that it is easie to be conjectured, that this foregoing Bill was either Ordered to be ingrossed or recommitted to the former Committees, whose names see on Monday the 12th day of this instant May foregoing.
The Bill against corrupt Presentations was read secunda vice & commissa Comiti Huntington, Com. Bedford, Episcopo Wigorn. Episcopo Wintonien. Domino Grey, & Domino St John de Bletsoe. Vide concerning this Bill on Saturday the 31th of this instant May following.
The Bill also for the annexing of the Jurisdiction of Dorset to the See of Sarum, was read prima vice & commissa Archiepiscopo Cantuar. Archiepiscopo Ebor. Comiti Bedford, Comiti Pembroke, Vice-Com. Bindon, Episcopo Wigorn. Episcopo Exon. Episcopo Lincoln. Episcopo Roffen. Domino Mountjoy, Domino St John, Domino Chandois.
On Monday the 19th day of May, to which day the Parliament had been last continued. The Bill for the punishment of Vagabonds and relief of the Poor, was delivered to Doctor Lewes and Doctor Vaughan, to be carried to the House of Commons.
On Wednesday the 21th day of May, to which day the Parliament had been on Monday last continued, three Bills were brought up to the Lords from the House of Commons, of which the first being the Bill that the Tenant and Defendant may have a Tales de circumstantibus, and the second against the deceit of Under-Collectors of the Tenths and Subsidies of the Clergy, were each of them read prima vice.
Six other Bills of no great moment had each of them one reading; of which the third being the Bill touching corrupt Presentations; another that the Tenant and Defendant may have a Tales de Circumstantibus, as well as the Demandant or Plaintiff; and the last being the Bill against deceits of Under-Collectors of the Tenths and Subsidies of the Clergy, were each of them read secunda vice: but no mention is made that they were either Ordered to be engrossed or referred to Committees, because they had been sent to their Lordships from the House of Commons the day foregoing.
On Friday the 23th day of May, Two Bills of no great moment had each of them one reading; of which the first being the Bill against deceits of Under-Collectors of the Tenths and Subsidies of the Clergy, was read tertia vice & conclusa.
Three other Bills also were each of them read secunda vice & commissæ ad ingrossand.; of which the third was the Bill against such as shall conspire or practice the enlargement of any Prisoner committed for High-Treason, &c.
On Saturday the 24th day of May, Two Bills of no great moment had each of them their third reading and passed the House; of which the second was the Bill against such as shall conspire or practise the enlargement of any Prisoner committed for High-Treason.
Five Bills also were brought up to the Lords from the House of Commons; of which the last was the Bill for the inserting of the Mannor of Havering at Bowre in a blank and void place in certain Letters Patents of the late King Edward the Sixth, made unto certain persons of certain Lands and Tenements in the County of Essex.
On Wednesday the 28th day of May, Six Bills of no great moment had each of them one reading; of which the fourth being the Bill touching Fine and Recoveries, was read secunda vice & commissa Comiti Rutland, Comiti Suff., Comiti Huntington, Domino Wentworth, Domino North, Domino primario Justiciario Com. Placitorum, primario Baroni Scaccarii, & Justiciario Wray.
The Bill of Wood (which had been read prima vice on Monday the 12th day of this instant May foregoing, and then committed to those whose names are there set down, was now recommitted to the Archbishop of Canterbury, the Earl of Sussex, the Earl of Huntington, the Earl of Bedford, the Earl of Leicester, the Bishop of Worcester, the Bishop of Chichester, the Lord Chamberlain, the Lord Burleigh, the Lord Wentworth, the Lord Chandois, the Lord Norris, the Master of the Rolls, Justice Weston, Justice Southcott, and Mr. Serjeant Barham.
But whether this Bill had its second reading at this present or upon some other day foregoing, doth not certainly appear, but seemeth to have been omitted through the negligence of Anthony Mason Esq; at this time Clerk of the Upper House: Neither do there want Presidents that Bills after the first reading have been referred to Committees, when there hath been no mention made of any second reading; nay sometimes when the Bill hath had its second reading on a former day, as it was in the Bill for the Commission of Sewers referred to Committees on Saturday the 21th day of April in the Parliament de an. 13 Regin. Eliz. in the Journal of the Upper House, it is afterwards committed: and sometimes it is committed when it hath its second reading at an after-day, as it was at this present Journal in the Bill touching Tunbridge-School, on Monday the 9th day of June ensuing.
The Archbishop of Canterbury, the Earl of Sussex, the Earl of Leicester, the Bishop of Lincoln, the Lord Burleigh, and the Lord Grey; Vide touching this matter on Tuesday the 10th day of June next ensuing.
The Bill for the inserting of the name of the Mannor of Havering at Bowre in a blank or void place, was read the second time; but no mention is made that it was either Ordered to be ingrossed or referred to Committees, because it had been sent from the Lords on Saturday the 14th day of this instant May foregoing.
The Bill for the preservation of Timber and Fuel within twelve Miles of London and Subburbs of the same, was read secunda vice and committed to the Earl of Worcester, the Earl of Rutland, the Earl of Essex, the Lord Abergavenny, the Lord St John of Bletsoe, and the Lord Compton.
The Bill also touching Presentations to Benefices by lapse was read the second time and committed unto the Archbishop of York, the Earl of Rutland, the Earl of Hartford, the Bishop of Worcester, the Lord Cromwell, the Lord Ewers, Justice Southcott, and Justice Wray.
The Bill for keeping of the Assizes and Sessions in the Town of Stafford, and the Bill for annexing the Sheriffwicks of Huntingtonshire and Cambridgshire, were each of them read secunda vice & Commissæ ad ingrossand.
The Bill lastly touching Sea-Marks, and that no Hoy or Plate shall cross the Seas, was read prima vice and committed to the Earl of Suffolk, the Earl of Leicester, the Lord Burleigh, the Lord Darey de Chich. the Lord Cheyney, the Lord Norris, Serjeant Barham, and Doctor Lewes.
On Friday the 30th day of May, Two Bills of no great moment had each of them one reading; of which the first being the Bill for inserting of the name of the Mannor of Havering at Bowre in a blank and void place of certain Letters Patents of the late King Edward the Sixth, made unto certain persons of certain Lands and Tenements in West-ham in the County of Essex, was read the third time and passed the House.
On Saturday the 31th of May, Four Bills of no great moment had each of them one reading; of which the third being the Bill for renewing of a Statute made for the keeping of the Assises and Sessions within the Town of Stafford, was read tertia vice & conclusa. And the fourth and last being the Bill against corrupt Presentations was read secunda vice & commissa to the Earl of Rutland, the Earl of Sussex, the Lord Chandois, and the former Lords nominated on Saturday the 17th day of this instant May foregoing, where this Bill was then read the second time, and then committed.